Apr 10, 2013 9:02 PM

the definition for DOCUMENT OF TITLE in The Dictionary of Canadian Law 3rd-edition references the PERSONAL PROPERTY SECURITY ACT:

DOCUMENT OF TITLE: 1. Includes any bill of lading, dock warrant, warehousekeeper's certificate and warrant or order for the delivery of goods and any other document used in the ordinary course of business as proof of the possession or control of goods, or authorizing or purporting to authorize, either by endorsement or by delivery (sounds like a CHEQUE you would bring to the bank), the possessor of the document to TRANSFER or RECEIVE goods thereby represented 2. any writing that purports to be issued by or addressed to a BAILEE and purports to cover such goods in the bailee's possession as are identified or FUNGIBLE portions of an identified mass, and that in the ordinary course of business is treated as establishing that the person in possession of it is entitled to receive, hold and dispose of the document and the goods it covers. Personal Property Security Act.

I feel like to move out of Québec :\

The registration must be based on some underlying contract (the PPSA calls this the security agreement) which is signed by the debtor, and in which the debtor gives the creditor the security interest in the property.

You've mentioned Scott that a LIEN is an ESTOPPEL...in the audio i just listened to with Winston Shrout, he said a LIEN acts as an ARREST WARRANT.....is this just six, one-half-dozen, or the other? :/

its also a vietamese restaurant... http://www.restomontreal.ca/3235/Chez-Lien#

ATTACHMENT (Barron's Law 3rd-edition): a proceeding in law by which one's property is seized; a proceeding to take a defendants property into legal custody to satisfy plaintiffs demand. The object of the proceeding is to hold property so taken for the payment of a judgment in the event plaintiffs demand is established and judgment rendered therefore in his favour. Attachment of a defendants property may also be used by the court as SECURITY for the satisfaction of such judgment as the plaintiff may recover. In commercial law, attachment means the creation of a security interest. It generally occurs when the debtor has agreed to the creation, received value from the secured party and obtained rights in the property security. i.e. the collateral. Attachment is also used when IN PERSONAM jurisdiction is unavailable. In such cases the court acquires jurisdiction over the property seized and the proceeding essentially becomes one IN REM. See in rem. Compare garnishment; REPLEVIN.

PERFECTION (Dictionary of Canadian Law): 1. of a security interest deals with those steps legally required to give the secured party an interest in the property against the grantor's creditors. An instrument such as a debenture or mortgage is said to become perfected when it is recorded or registered in the appropriate registry as a matter of record, and that recording or registration renewed and kept current and subsisting so that notice to the grantor's debtors does not lapse. 2. a security interest, even though it may be registered, cannot be perfected until it has ATTACHED.

ATTACHMENT (Dictionary of Canadian Law): 3. the security interest is said to have ATTACHED [as found in s.12(1) of the Personal Property Security Act] when all events necessary for the creation of that interest have taken place. At that time, the rights of the debtor in the collateral assets are restricted and effected by the rights of the SECURED PARTY...Attachment defines the commencement of the relationship between the debtor and the secured party.

CREDITOR (Black's Law 8th) See secured creditor. SECURED CREDITOR: a creditor who has the right, on the DEBTOR'S DEFAULT, to proceed against collateral and apply it to the payment of the debt. Also termed secured party.

ENCUMBRANCE (Black's Law 8th): a claim or liability that is attached to property or some other right and that may lessen its value, such as a lien or mortgage; any property right that is not an ownership interest. An encumbrance cannot defeat the transfer of possession, but it remains after the property or right is transferred.

FINANCING STATEMENT (Black's Law 8th): a document filed in the public records to notify third parties, usually prospective buyers and lenders, of a secured party's security interest in goods or real property.

PURCHASE MONEY SECURITY INTEREST (Dictionary of Canadian Law): a security interest taken or reserved in collateral to secure payment of all or part of its price, or a security interest taken by a person who gives value for the purpose of enabling the debtor to acquire rights in or to collateral to the extent that the value is applied to acquire the rights, but does not include a transaction of sale by and lease back to the seller. "Personal Property Security Acts."

CONSIGNOR: 1. a person who consigns goods. 2. a person who sends goods to another to be sold to third parties.

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90p10_e.htm

http://en.wikipedia.org/wiki/Personal_Property_Security_Act_%28Canada%29

http://www.carswell.com/product-detail/the-2013-annotated-ontario-personal-property-security-act/

Notice of Mistake acting as Perfection of a Security Interest? perfection occurs when it is made known (such as published in 3 consecutive newspaper issues [that you hope no one that knows what to do upon learning of such] has delivered to or brought to their attention)

the attachment of the motor vehicle's registration plate (tag) is the perfection of the security interest AND evidence of the property being held in/under bailment by the BAILEE so named on the registration bill of lading.

http://www.duhaime.org/LegalResources/MaritimeLaw/LawArticle-430/Maritime-Liens--A-Primer.aspx

So the above post states that liens on vessels do not need to be registered and are "secret liens"

That being said..we are playing-along here that WE are considered to be VESSELS, right?

Our names anyways...

Is it fair to say that WE, humans, would be consider to be CARGO of the vessels, or more crew member..????

..id just love to listen to one of these fuckers try and tell me with a straight-face one day in a courtroom- "Well..you ARE a boat, you mean you didnt KNOW THAT? *sighs*" LOL

A maritime lien is a CLAIM against a boat for non payment of goods or services supplied to a boat. The lien arises the MOMENT the work is completed or the GOODS are SUPPLIED.

Ohhh- Scott covered this awhile back: BIRTH CERTIFICATE = BILL OF LADING.. WE = the CARRIER.. and the CARGO/GOODS we CARRyIER around = THE NAME on the BIRTH CERTIFICATE/BILL OF LADING.. and then something about NOT being in COMMERCE, if we are TRANSPORTING instead

Secondly, true maritime liens exist as a matter of law, in that they arise when the act that they depend is completed, and not when any lien is registered.

as long as we are CARRIERing the BC/BILL OF LADING around, we are deemed to be performing a public function of government to that of a POSTMAN, like a letter-CARRIER.....Kate of Gaia has driven home the point that like all letters/the BC/BILL OF LADING, this letter too has to be DELIVERED, until then, we are all POSTMEN/letter-CARRIERS walking around performing a government-function without realizing it, making us DEEMED to be TRUSTEES, hence, why we are TAXED

Soooooo, this CLAIM would be in the form of a NOTICE under the corporations charter?

Scott Duncan?

and when the vessel is liened, we become a sort of a PRIVATE vessel carrying our OWN cargo...???...fuk is this thing ever complicated...

that comes up "forbidden" for me...

C. WHY REGISTER UNDER THE PPSA? 1. Practicality. Registration common method of “perfecting” a security interest. Perfection by possession not always practical and limited to certain types of collateral. All types of collateral can be perfected by registration. 2. Notice-Filing System. The Personal Property Security Registry (“PPSR”) is a notice-filing system. Security documents not actually filed.

Two cryptic comments Kate of Gaia always used to hammer-home were: "Your LONG-FORM never reached CUSTOMS (as in, you were given the SHORT-FORM instead)"...and..."Until your ship-comes-ashore..you are still Lost-At-Sea"

Send the Long Form to a Customs Brokerage with an invoice amount attached?

Private Matter The Commercial Affidavit Process places the full power of justice back in the hands of the common man. It cannot be overstated that the whole Commercial Affidavit Process is not dependent on the court system. It functions quite well on its own outside the current legal system.

It needs to be thoroughly understood that because it is driven by SWORN TRUTH, the Commercial Affidavit Process is outside the jurisdiction of any equity court. It is a private contract matter. Should an attempt be made to involve an equity court it would result in a trespass against the Affiant's rights: those interfering individuals, who were unlawfully involved, would themselves become one of the accused. An equity court has no jurisdiction whatsoever, for the CAP is strictly a non-judicial or pre-judicial process between individuals and is private.

which is why their was a 'stay' of the charges against dean. dismissal would be an admission of a wrongdoing subject to potential equitable action.

I did a commercial lien on one of the social workers went as far as defaulting her on it, now what, there is not alot of info on the net about it, and the liar that I went through the process with told me that there is not such thing as a commercial lien, everything is codified. My last step is to advertise it in the paper, but what do I do with it after that, register it with PPSA ?

Yes. Actually that should be the FIRST thing you do. If you are in the U.S. it's a UCC financing statement.

Scott, in your registration, would you put Beneficiary of NAME as the Secured Party?

hmmm time to do some thinking

In the US---Land Patent

If you are choosing the UCC route---The Secured Party is the upper/lower case name. The debtor is the ALL CAPS NAME.

you still have to lien after the UCC?

The UCC-1 is a lien on everything in the DEBTOR's name.

I have had a PPSA lien on my person for 6 years now, by way of a security interest agreement between me the creditor and the person named on a birth certificate. It is a debtor to me because without me it has no value.

So it runs a lien on all the surety's that have been made according too the person.

http://www.law.cornell.edu/cfr/text/26/1.674(a)-1

Derek Moran: Ohhh- Scott covered this awhile back: BIRTH CERTIFICATE = BILL OF LADING.. WE = the CARRIER.. and the CARGO/GOODS we CARRyIER around = THE NAME on the BIRTH CERTIFICATE/BILL OF LADING.. and then something about NOT being in COMMERCE, if we are TRANSPORTING instead...as long as we are CARRIERing the BC/BILL OF LADING around, we are deemed to be performing a public function of government to that of a POSTMAN, like a letter-CARRIER.....Kate of Gaia has driven home the point that like all letters/the BC/BILL OF LADING, this letter too has to be DELIVERED, until then, we are all POSTMEN/letter-CARRIERS walking around performing a government-function without realizing it, making us DEEMED to be TRUSTEES, hence, why we are TAXED