➡ In this podcast, Dr. Andrew Kaufman and John J. Singleton discuss the importance of understanding law and finance to protect oneself and live a good life. Singleton, who has been helping people protect their rights and manage wealth for decades, shares his strategy of changing property rights to avoid financial risk and prevent property seizure by tax entities. He explains how he legally defeats the IRS’s ability to take property without going to court, thus helping his clients avoid the cost of litigation. Singleton also discusses his work in areas where land grabs are occurring, using his strategy to protect property rights.
➡ The text discusses how to protect assets from being seized by the IRS or other entities. This can be done by transferring the title of the property to a group, such as a limited liability company, which can shield the asset from individual liability. The text also talks about using easements, which are rights to use a property without owning it, as a strategy to preserve property rights even if the title is taken away. This can be particularly useful in situations where property owners are in financial distress, such as after a natural disaster.
➡ To establish an easement, you need to describe the property it applies to, often using a legal description from a surveyor or tax records. The easement usually covers almost the entire property, except for a small portion. The person who holds the easement, known as the grantee, has similar rights to the previous property owner and the new owner can’t interfere with the easement. The grantee is often a company set up for this purpose, which leases the property back to the original owner. This easement needs to be filed with the county and can be established up until the point of foreclosure.
➡ Easements, a legal right to use someone else’s land for a specific purpose, have been around for centuries and are commonly used in property transactions. The text discusses a service that helps clients set up easements and prepare the necessary documents. This service also includes a unique feature where disputes related to the easement can only be resolved through arbitration, not court intervention. This approach can be particularly useful in foreclosure situations, allowing the original property owner to retain usage rights even if the title changes hands.
➡ If you’re facing a property dispute, you can use an easement agreement or a Homeowners Association (HOA) covenant to protect your rights. First, you need to complete an arbitration process before applying for an injunction. You can also negotiate with the new title holder for a lease agreement or even sell your rights. If you’re part of an HOA, you can use its covenant to protect your property, even after a foreclosure. The HOA can exercise lien rights to recover the property title, acting as a governing body for your neighborhood. However, you may still need to go through court processes for confirmation.
➡ The text discusses a strategy where homeowners in a neighborhood could potentially protect their properties from banks by using a Homeowners Association (HOA) lien. If a large number of homeowners decide not to pay their mortgages, the bank would foreclose, but the HOA covenant would survive, clearing the property of the mortgage lien. This could potentially remove the banking system from the community and result in debt-free property. However, this strategy requires cooperation among homeowners and has not been fully tested in courts.
➡ The speaker advises business owners to ignore incompetent legal advice and instead, tune into his weekly educational presentations on Zoom, announced on his Telegram channel, Ace of Coins. He emphasizes that his legal strategies, while creative, are based on solid principles and tailored to each client’s unique situation, ensuring they are taken seriously in court. He concludes by encouraging listeners to continue learning and protecting their minds.

If everybody were to work together, you could remove the banking system from your community and have debt free property if you wanted to and send a message to the banking system. This is the true health report where critical appraisal fuels true freedom. Hello everyone. We are back with another podcast. I’m your host, Dr. Andrew Kaufman and today we are going to talk about not a health supplement subject, but we’re going to talk about law and finance. And these are extremely important topics to protect yourself and live a good life. And I have with me John J.

Singleton, who I met in early 2021 and he did some amazing things helping protect people’s rights during the pandemic era and is still doing the same kind of work and also has been helping people manage wealth for decades to appropriately deal, I’ll put it this way, with the tax entities so that you don’t end up paying what you’re not supposed to pay. So welcome, John Jay. Thank you so much. Now, I don’t think I ever told you, but I used your strategy when I was dealing with a hospital that would not let me in to escort a young lady for, for an ultrasound for pregnancy without getting my temperature taken and wearing masks and all this stuff.

And so now this was at a time that the, the risk management officer wasn’t present in the hospital, but I worked up the chain of command to the nursing manager or the director of nursing and with some very simple calm, you know, statements about do they have liability insurance in case I’m injured from wearing the mask, you know, are they accusing me of having a contagious disease, these kinds of things. They actually gave me the red carpet treatment after about 20 minutes of negotiation and brought us into a private room in a closed wing of the hospital, had the ultrasound technician already waiting in there and had a billing person with a, you know, a computer on wheels so that they could give us one stop VIP shopping.

They were still trying to isolate you? Well, I know they were doing that, but yeah, actually it, it was the same kind of treatment. If like the royal prince walked in there, they would, that’s what they would do. Or you know, if an A list celebrity walked in there. Yeah, if you talk to the right people, they understand the financial risk. They’re like, okay, we don’t want to deal with this, let’s. That’s exactly right. So, you know, that’s how effective the things that John Jay has discovered can be. So why don’t you tell us a little bit about how you kind of got in and evolved your strategy to Protect rights that may lead up to what we’re talking about today, which is the protecting against a land grab.

Well, in the early 90s, I started looking at debt collection cases, including IRS and State. State income tax cases. And I saw just people getting wiped out. And. And I was really a consumer back then. I really didn’t have. I never went to school. I didn’t have formal training, but I could read. And I just saw what was going on. And so I decided to do some research and start actually helping people, you know, and I guess you would call that practicing law. But I became competent very quickly. And what I ended up doing in the beginning was I recognized the common denominator in all the cases where people were losing their property.

The common denominator was that the people had the property. So I came up with ways to change the property rights so that my clients still had the control of the property, but yet it wasn’t subject to levy by anybody. And so I discovered a statute in the tax code that basically gave the IRS the ability to take your property without going to court, which, you guys know this. And so I figured if I can legally defeat that, then I can just defeat anybody without even going to court, without even appearing in court. And if I can do that, then I can.

I can. I can set up a way, a mechanism where my client could avoid the cost of litigation. If my client avoids the cost of litigation, then we won everything. We’ve beaten everything. I don’t have to argue with people. I don’t have to fill out forms or anything like that. So that transpired all through the 90s, in the early 2000s, and until we get to a point where I started seeing what I was doing, which was actually focusing on property rights. By changing property rights, I can avoid all kinds of financial risk. And then we get into the, you know, we had the days of the funny pandemic, and then we see after that, and this was happening before, okay, before the phony pandemic, we actually had land grabs going on, primarily, from what I understand, in California, But I see them now more predominantly in California and Hawaii.

And so what I’ve been doing is working with people in those areas where the counties are taking the property for there’s different measures, different schemes are using to take the property. And so I’m able to convey the property rights of the title holder to what I would use as typically an easement. Okay, now, sometimes I don’t wait now, John J. Let’s. Let’s slow down a bit here, because I Know that this kind of material is really difficult for people to understand unless they are, you know, experienced in law. Now back to what you were talking about with the irs.

What was the, the strategy? So you were saying that the irs, by a federal statute, can take property, I guess, if you have a tax debt that’s not satisfied without any, without any court process. Right. Without additional proceeding. Right. And so what was the, what was the way that was successful? Because you said you were successful without going to court. Yeah. Right. So there must be some administrative thing that you did to achieve that, right? Yeah, What I did. Here’s a quick example. So let’s say you own some real estate and you owe the IRA and the IRS files a lien on the property, which we all know the technical aspects.

You guys listening to this, you talk about the notice of lien is not a lien and all this jazz. Okay. That doesn’t help you to understand that, but just know that. So they don’t, so they don’t file, go and record a lien with the county or file a lien with the State Department or anything like that you’re talking about. They just send you a notice declaring that there’s a lien. Correct. And that is legally sufficient to encumber the property. As you know, that works that way. It doesn’t matter what you file, it doesn’t matter what letter you send them.

They’re going to do it. Now, there’s a way to negotiate out of that, but I don’t, I don’t do that. What I do is convey the property away from the person who’s going to be levied. Now, let’s say here’s, there’s a thousand ways to do this. But now this is because the, the tax levy is tied to the Social Security number. Right. It’s not like a mortgage that is backed by specific property. No, it has nothing to do with the Social Security number. It doesn’t even matter if you have a Social Security number. The IRS can take your property if you owe it, if you owe the government money.

And what I’m, what I’m saying, John Jay, is that the way the IRS designates who owes them money. Right. Is related to that tax ID number, whether it’s a social or an ein. Because what you’re talking about is conveying the property to another party that doesn’t have that number, that doesn’t have that tax liability. No, according to the irs. No, not at all. The tax numbers are irrelevant. People have tax numbers. Companies have tax numbers. If there’s a claim on somebody who the IRS claims owes money and the person has the right to sell something. Okay.

That’s where the liability comes in. That’s all. That’s where the connection is, where the person has the right to sell something for dollars. The government can actually sell the thing in lieu of the person and take the dollars. So what I do is convey the property outside of that person’s, what I call the person’s estate. Okay. So that on the record, he does not have the right to sell the property. So he still has the enjoyment of the property and the use and the right to sell it. He does have the right to sell it. It’s just that the system being used to take the property doesn’t see that he has the right to sell it.

So many times the way I do that is with a shared property. Right. So I might use a limited liability company or a trust or something that is going to share the right that the person had before. He. The person who had the right before is the reason why the IRS can take the property. So I then divest him of that exclusive right by using a mechanism like an LLC or something. I see. So it’s. Right. So it has to be an exclusive right. So this is very similar to the way you set up bank banking accounts to be.

I do everything that way, yeah. Okay. So, yeah. And now if it’s. If it’s real estate, then you do this through a quitclaim deed. You would deed the property over? Yes. To. You could use. Well, yeah, you use a quick claim deed, transferring the title to a group. And the quick way. The quick way to explain the group is what people say. What is the group? It could be a limited liability company. Right. It’s any entity that has multiple owners. Right, right. Shared rights. Yeah. Once. You have to do it before the lien interest is recorded.

Okay. Yeah. So that’s just one example. I mean, most of the ones I deal with are liquid assets, like, for example, cash flow, income cash flow. Just things of that nature. Things that are pretty easy to take. Like I’ll take. I’ll take an entire chiropractor’s office. Okay. And I’ll reorganize the payment system and the manner in which the business interacts with the employees and the customers and the patients and all this. And I make it to where, let’s say the owner of the S Corp that’s running the chiropractic office has this huge, overwhelming IRS debt. You can’t get out from under that by negotiating.

And at the same time the IRS is freezing all the cash flow and taking the money and. Which is going to kill the business. But they don’t care. They’re still going to do it. Right? So then I reorganize the payment systems. I restructure it using another company or one or two more companies, and then I re reroute the cash flow in such a way that the IRS cannot levy the money anymore and allows the business to continue functioning. And then it makes the IRS become very polite and ask permission to work out a deal. And if it serves my client’s interest, sometimes we will work out a deal.

And sometimes if it doesn’t, if it doesn’t matter to him, like we don’t need to deal with the IRS because he’s uncollectible, then we don’t even talk to the irs. That’s that simple. Just by changing the property rights, I don’t even have to argue with them. I don’t even justify what I have done. And sometimes I’ve done that in the middle of an audit where the IRS will see what I did because it just comes up in the records, okay? They will see everything I did. And I’m not trying to hide from them. It doesn’t matter if they can see it.

Well, nothing that you’re doing is illegal. It’s not illegal, and it’s not undoable. They can’t reverse it. They can’t reach in and take the thing. They can’t undo what I did for my client. So it’s very effective. And I’ve been doing that for, gosh, like, tens of thousands of people for so many years. So, yeah, that’s really what it comes down to is changing the property rights. Right. So now this, you know, for the viewers out there, if you are worried that you’re going to have problems with the irs, this is something you can do proactively.

You don’t have to wait till you’re in jeopardy and then ask John Jay to bail you out. So, you know, think about trying to plan and, you know, take care of your own responsibilities. Now, most of you maybe don’t have IRS liabilities. And, you know, there’s other ways, of course, to deal with the irs, too, but this is extremely useful, especially for people that are, you know, facing some significant consequences from, you know, their predatory type of actions. Right. Yeah. There’s always something you can do. Yeah. So now. So this kind of foray into property rights led you to this kind of strategy that if a property is owned by a group or A group has rights to it in the proper capacity, then it shields the asset from individual liability.

Right. So if you have an individual debt to the IRS or any other entity, then that property, that what, has group rights, it can’t be taken away willy nilly. Because it’s not. Because they’re innocent parties. Right, because there are innocent parties. So it comes down to that one statute in the IRS code, but it works in commerce, it works everywhere. It just, if you can, if you can make that the objective, if you can solve that problem, then you solve the other problems. And like you said, yeah, if you use the group, then you change the property rights, how they’re held, and then the one who’s liable, who’s in the group, whose property is now in part of the group, the property cannot be attached.

So this is really an excellent way to just protect yourself against any type of property seizure. So let’s talk a little bit about these kind of land grab situations. Like we know of course about the famous Lahaina area after the fires there. Now we have the LA fires and there’s, you know, been a lot of talk about kind of revealing some of the strategies they would use to try and take that land, like rezoning, permitting, permitting violations, allowing many of the homeowners to be in financial distress. But you know, having predatory real estate investors come in there to take advantage of distressed properties because, you know, the property owners now, they can’t live in a house that’s burned down, obviously, but they still have to pay the property tax on it.

They still have to make the mortgage payments or they go into default. Right. There are ways to delay some of these things, but you have to now pay your living expenses somewhere else. And obviously there aren’t even rental properties available in that area that people can even get. So now you’re going to have longer commutes and maybe it’s going to affect your job. So it’s a real quagmire of a situation for many individuals. Right. Just like you see in the news with what’s happened in Los Angeles, the city is deliberately preventing people from going on their property and fixing get returning back to their homes.

Because it’s like you said, you still have this obligation to pay and many people are already in a financial hardship situation when that happens. And so the end result is most of the people, I think, will end up not returning to their homes. And then those properties become abandoned to whomever or they get auctioned off or something and then the evil people get them. I guess you Know, well, now you don’t think there’ll be people tendering offers for those properties? What do you mean? Looking to buy them? Like, I mean, you know, rather than trying to use squatters rights or something for an abandoned property.

True. I think, well, it still, it opens up the ability for the government to keep the property and not let anyone else on there. I don’t know if they’re doing that. I don’t know if BlackRock is buying up the properties. Maybe it is. I don’t know what the deal is there. I don’t know what’s on the other side. All I know is what I’m looking at is it’s suspicious the number of houses that this is happening to. And so what I decided to do was transfer the property rights that a person had as the title holder over to an easement.

And we do that with a written agreement. And so what happens is then if anyone, if there’s a foreclosure, if the title is taken away from the property holder, his rights are preserved in the easement and they are binding upon the new title holder. So we write the easement in such a way that it doesn’t serve the new title holder. I think I understand now. So this, this is, this is a pretty, this, this is like fighting fire with fire. JOHN J. Yes. So let’s just define what an easement is to, so that people can get their bearings to understand the strategy.

Okay. Is the right to use property where the person using it is not a, an owner, a title holder. Right. So a common example of this might be, let’s say there’s a property that has power lines going through it. Exactly. The utility company would have an easement where they have the right to go and repair and maintain those power lines even though you own the acreage. And they don’t have to like come and check with you. They just show up there and they can. I have an easement like this on my acreage actually because there is a natural gas line that’s buried underneath one little corner of the property.

And so they can come on there and mow down the field and dig to repair and maintain it. And I want them to do that because I don’t want a leaky gas line on my property. And we’re talking about another party. Not owner has rights to the property. Right. For whatever purpose. It doesn’t matter. But it’s, it is a legally binding arrangement and it’s legally binding upon new title holders for as long as the easement is valid. So once it. Be it. So now how do you establish the easement? Do you have to, like, have a survey? Do you.

What paperwork do you have to file to actually establish this? We need to describe the property over which the easement exists. Okay. So we use the legal description like, so that we’re talking meets and bounds from having a surveyor do it. You can do that? Yeah, whatever’s going to sufficiently describe the property. And so you have to. Because that’s what the easement pertains to. So you have to be clear on what you’re. The property you’re talking about. So it must be described. And. Yeah, the lease. And this would include. You’d want this to include your entire property.

Right. We start with the entire property, but we. The easement has to be less than the original full property. I see. But it would include the house for sure. Yeah. Most of the time we do that. Most of the time, the easement is almost the entire use of the property, except for just a couple of things. Okay. So as title holder, if you lose the title, you get less use of the property, but you still have the easement, which almost. You are not going to miss the 10 square meters in the corner. Northwest corner. Right. If you get what I’m saying.

So you’re saying like 1% has to be off access or something like that, or is it changes. Yeah, we modify it according to like the client situation or whatever is going to be called for, but we make it to where the easement holder, we call them the grantee. The grantee has pretty much the same rights as the type the previous title holder. And that also precludes the new title holder from actually using the property in the way that the other title holder was using it. Now the other title holder is using it as the easement holder.

So the title holder has to. He cannot interfere with the use of the property under the terms of the easement. The new title holder cannot. And so he’s saying, like, if there’s. If there’s a house there, they can’t knock it down to try to make you go away. Right. He’d have to get permission from the grantee. So anything he’d do on the property, in fact, he can’t even live in the house. We give the permission and we give all the rights to the former title holder. We give those back to him in the easement. Wow. So.

So in other words, they could buy the property, but they can’t use the property mostly. Right. Or that, you know, they could take the property in a foreclosure. But they can’t use it. Correct. And if they sell it, obviously no one would want to buy it with that easement on it. Right. So if they try to auction it, and now who would have the obligation to maintain the property, though? We write that into the easement based on what’s needed for that situation. Many times it depends on what the client wants. But we, we make the, whoever’s going to have the, the most use of the property should be the one that take care of it.

It serves the interest of the, our clients to be the grantee and to take care of the property. So I think most of these were writing in that way. So the grantee is going to continue doing what he’s been doing. And, and you said this easement has to be filed. So you have to have basically a property description. Right. That you could hire a surveyor to do. You could just, you know, you don’t need a surveyor, you just need a legal description of the property. And most people have it because of the tax records. You mean you could take the legal description that’s on your current deed and just modify that to not include one little part? Yes, you could, basically, yes.

So then that saves you a few hundred dollars then for hiring a surveyor to do it. Yes. And time. Right. Because you can copy and paste. Usually these records are available in digital form from your local county website, or if you go there, you can get a physical copy if you don’t already have this. So I mean, if you saved your records from your closing, then this is included. Included in there. That’s correct. And if you have a copy of your mortgage, it’s attached to your mortgage as well. Right. What do you do once you have the description? Then you have to describe the use of the easement.

Right? Right. There has to be use rights and also obligations that go with it. The grantees necessarily needs to be someone else. It cannot be the title holder. So really the title holder is giving away the use of the property to another party. Now we set up a company for this purpose. We have an assignment clause in the easement agreement so it can be assigned. But then what we’re actually doing is we’re making the grantee a company that’s going to lease back the property to our client, who is the title holder, because it has to be written that way.

Lease the easement. You mean the. Lease the easement rights. We make the, the former title holder the tenant under the terms of the easement, not the terms of the title. And the company that has the easement rights is the landlord then for that. Correct, it’s the landlord and grantee and the easement. It’s the grantee of the easement. And so for this we need some other person. It needs to be someone who was not in the household at the time or not on the title. So someone to sign for the company. So it’s easy to set up a company to do this, but we still need someone that’s not connected to the title in the first place to sign for the company.

Yeah. So this would definitely need to be someone you trust. Sure. That would do what you ask. Yeah, Maybe a, A family member or a very long standing friend. Yep, that’ll work. Yeah. So that’s, you know, that’s where people can do that. But when it comes to, like we have another strategy that I use ironically, HOA covenants, I mean, they’re so abusive over these years. The HOA members are. We actually can overcome the county codes, we can overcome the property taxes, we can overcome every claim on the title with an hoa. Well now, before we go into that, let’s wrap up this easement situation because so now the.

Once the, you have that, the appropriate document that describes the use rights, you have a, some kind of lease agreement that accompanies the document, then. Then do you just file it with the county? We record it where you record mortgages with. In the citus of the property. Okay, so that would be, you know, recording it generally with the county. The county clerk. Yes. Of the. You don’t have to do that where the property is. All you need is. That’s correct. Where the mortgage goes. All you need to do is to give public notice or to give notice to the new title holder before he takes the title to make it legally binding upon the new title holder.

So the easier way to do that is simply record it in the county. We’ve had some judges try and remove the easement when there’s no authority for doing that. But just the same, we publish the easement in some cases on a website. It’s different for all of our clients. We just set up a whole new website, put the easement up there and it becomes public record. So there’s many ways of doing this, but yeah, we record the easement where you would record mortgages. Now let’s say that there is a possible foreclosure situation that you’re trying to protect against with this strategy.

Is there a deadline of when you need this easement to be filed or, or given public notice? The easement agreement has to be executed while the grantor, the title holder, has the right to sell the property when he’s divested of that right. So that, that’s, that’s, that’s up and then to the point that there is an order of foreclosure and sale. Well, when there’s an order to sell, he still has the rights. He can still sell the property even though there’s an order to sell to a. Yeah. So even after there’s an order of foreclosure, you’re saying you can still do this, you can still do it up until the moment when the.

A foreclosure sale has taken place, whatever that is. Pretty incredible. Yeah. As long as you have the title rights, the right to sell the property, it doesn’t matter if they want to help you sell the property. The banker or the attorneys or anybody. Have you had any clients who have done this during a foreclosure? Yeah, not during so far, because I haven’t taken a high volume yet. We’ve only done like maybe, maybe a dozen of these and they’re still percolating, if I can use that term. So. But you could do it during a foreclosure, in fact.

So nobody that you know of has done it, was facing a potential foreclosure or was in default? We haven’t completed the case yet. But just know that there’s nothing new with easements. Easements predate our Constitution. So easements in this manner have been used for the same purpose. There is no, there’s nothing new here. We’re just using something that’s not normally being used. We’re just using it that’s been around for hundreds of years. Oh, no. I realize that this is a well accepted thing. Right. Every property I’ve ever purchased had an easement of some sort on it.

In my old neighborhood, there was a pond and there was an easement of, you know, so many feet of, of circumference around the pond so that you could, you know, walk in people’s backyards essentially, even if you didn’t live there. I’m very familiar with that. And, and you know, anytime you buy a property, actually, you should make sure you know, if what. Or if there are and what the easements are on the property, you know, for your own protection because someone else could have rights. And if you, if you’re buying a property from one of John Jay’s clients, you.

Then you may want to think twice. Better check. Yeah, yeah. So it. So, so this is a, A service that you are offering like to help set this up and prepare the documents for people. Right. We do that, we coach the client and we go through the whole process. And it really would be for. Not if we just did what a lawyer would do. What we actually do is something a little bit beyond that, where when we write the easement, we make it to where any disputes. The only people that can get involved in disputes on the easement or challenge it are the parties to the easement.

And then in that case, they can only go through an arbitration process. Okay. And so the arbitration is outside the court system. So no judge can interfere with it and claim that it’s fraud or anything. It goes through a legitimate arbitration process. So you’re essentially acting like a credit card company in that respect. Well, I think we’re acting like our own government, really. I mean, we’re using, you know, things in place that haven’t normally been used that way. I don’t know about credit card company, though, because many credit card user agreements have mandatory arbitration clauses where the same thing that you would have to.

If you have a grievance, you’d have to go through arbitration first. That’s the only analogy I was drawing. But, yeah, we’re using arbitration. It’s not. We’re using commercial arbitration. Under international rules, we would call it an ad hoc arbitration panel. Okay. It’s not American Arbitration Association. It’s not National Arbitration Forum. It’s an ad hoc arbitration panel. It’s set up by the standard set of rules, but it’s not lawyers running the arbitration. It’s people. Right? Yeah. So it makes a big difference. So we’re going to actually get a neutral decision, and then we simply go to the court and get it confirmed.

The judge can’t scrutinize it. And then we use it in the same way that someone would use it to take the title. We actually can use the award from the easement to get a writ of possession and secure the rights through the court system after we’ve established the rights under the easement through an arbitration process. Wow. And so basically, this is just so fascinating because I’m thinking about how this could practically work in a foreclosure situation. Obviously, they would be able to still take ownership or title of the property. They’d be able to auction it off if there were any buyers.

And that means that you would have. Have be released from any financial debt obligation, because unless the value of the property was, you know, substantial, if you were underwater, there might be. They might have the ability to. To sue you for the the remaining debt. Yeah, it was unsecured. It’s. It becomes unsecured. But you’re retaining the use of the property outside of the title claim. Right. So they. So the bank really is in a bad situation because they can’t really do anything. They can’t get rid of you from the property. No one’s going to want to buy it.

The bank doesn’t care if you leave the property. What the bank wants to be able to do is give marketable title to the next party. That’s all its job is. Well, but I’m saying who in their right mind would purchase a property where they had people living on it that they couldn’t get rid of? So far, people do. People have. And they find themselves in an arbitration proceeding and now they don’t understand what’s going on. Wow, this is new. This is new for them. There. No one has any training on this, learning on this. These lawyers are not taught this stuff in school.

They totally forgot or never got. Lawyers aren’t really taught much about the law in school, just about procedure mostly. Wow. Yeah, this is quite interesting. We’re approaching some final awards and you know, that’ll, that’ll come, come up this year. It’ll be quite interesting. But wow, these investors, they just so used to humming along, taking people’s property, foreclosure, everything. The brakes come on. Wait a minute. What’s that? A notice of trespass. Well, we just bought this in good faith. No, you’re trespassing. So says the grantee. Get off. So what about the situation where once the foreclosure occurs, they would ask the previous title holder to vacate the property, right? Yes.

So there’s a timing issue that goes on there. Good question. So the timing issue is that if you’re in the house and you’re being foreclosed upon and you do this whole process where you use the easement and all this, you’re still going to be foreclosed upon. There’s nothing wrong with. We’re not challenging the foreclosure. What we’re doing is retaining the rights to use the property irrespective of the foreclosure or the title change. But what’s going to happen is the bank will be able to. The new title holder will be able to get a writ of possession against the person who was there, our client first.

Because we will not have a cause of action until that happens. Then we can start an arbitration claim under the terms of the easement. So we’re about, maybe six months behind so for people that are doing this, they might still lose possession of the property, but they still retain the ownership, the effective ownership of it under the terms of the easement. So how long would they potentially be off the property? You’re saying it would need to resolve the arbitration, or my estimation is that six months to a year. What about the. I mean, would the sheriff be able to physically remove them from the property if they have the easement rights? Yes, that’s correct.

And so what we try to mitigate that by. See, the sheriff has to abide by the court order. He can’t fault him for that. He’s just the messenger. So we try to give. If the sheriff has discretion, we try to help him out with the lease agreement. That’s why we have a recorded lease agreement to maybe that might give you a chance to get the sheriff to leave you alone in spite of him having a writ of possession order and then bring it back into the court system or something. You know, the way we’re doing it.

So we’re doing everything we can to try to prevent that. But there is every right to dispossess you the property while we’re advancing the claim on the easement. We can’t do it earlier because there’s no cause of action for nuisance or trespass until the new title holder starts using the property. I see. That’s interesting because they would be violating the agreement, but they’re allowed to use the force of law to do that. And then you have to defend it after the fact. Well, the new title holder has all the rights the title holder has minus what the easement said.

So to enforce the rights of the easement, you have to wait until the title holder trespasses or causes a nuisance, either or, you know, the language is similar in every state. So that happens possibly when they bring the moving van on there right to move in and denies access to the easement holder. So we start the arbitration process right about the time the new title holder applies for writ of possession, because that’s when you’re bringing in the police to preclude you from enjoying the use of the property. And so we, we come to the arbitration form and we say this is a nuisance because this person intends to, you know, interfere.

Could you try to ask the court for an injunction on the writ of possession based on your. Well, there is no ground to do that in a foreclosure. And then a post foreclosure application for writ of possession, or it’s known as a. This slipped my Mind. Unlawful detainer. Right. You can’t go into that court and talk about easement rights because that court is only about the title rights. So you, you have to have a new proceeding. And ironically, you would eventually go to the court once you get your arbitration. Yeah, yeah. No, no, no. That’s what I’m saying.

In a new proceeding that you could ask for an emergency injunction. That’s what we would do. Yeah. Okay. First we have to have. The arbitration award has to be confirmed, then we can apply to the court for an injunction, which is also known as a writ of possession. We would probably call it an injunction under the terms of the easement. Yeah. So you’re saying you’d have to complete the arbitration first. Yes, because that’s what. Because that’s what you built into the rules of the easement. So it would be a matter of how quickly you could conduct that before you could seek injunctive relief.

That is correct. Takes about six months. I see. Okay. So you would, you would ultimately be in a good position, but you, you’d need to plan temporary housing. That’s true. And you’d have to take all your possessions out of the home. You have to move. Plan on moving, but understand that you would retain your property rights. And then this also, I have a client who’s. I, I have her negotiating with the new title holder on a lease agreement. So maybe she doesn’t care about using the property and she was renting it out. She was, she was an investor.

And so I told her, why don’t you just make a deal with the new title holder to lease the property from you and you’ll leave him alone if he pays you so much per month. That’s another, you know, thing you can do with the, with the easement. You don’t need to come back on the property. I mean, maybe you want to, but you could use it as a means of negotiating something like someone could even buy out your rights, too. You know, you can make the new title holder, you know, you could put in that situation.

Right. That’s interesting. Well, this definitely, you know, especially for these properties that you can’t use that are subject to a land grab and to foreclosures. I think this is really going to put you in a much more powerful position. Yeah. And these farmers are being coerced into easement agreements around the country, and they’re going to lawyers, and lawyers are, Are going along with it, and they’re saying, yeah, let’s do an easement agreement with the evil. Whatever bank you Know, and. And my recommendation is do an easement agreement on your own with each other. Make easements. Agree easement agreements that preclude anybody from changing the use of the property.

That way, everybody’s locked out. No one could come in there and trick you into an easement. Because anytime you make an agreement on the use of your property, it’s always going to diminish your rights on the property. Right. If you’re doing it right. If, if. Certainly if a bank or an investment company comes to you with that, you’re gonna lose. Right? Right. Yeah. That’s the only reason they would even propose the idea. So never do that. But what I would also recommend is instead of just not doing that, do an easement that you understand what the easement’s for.

Write an easement that blocks them forever. Absolutely. These are very powerful things that existed long before our Constitution was written. It was how we all did things. I mean, even the American Indians that were here, their use of the property was an easement. They didn’t have titles. They just used the property. And the law of the land was, if you’re using the property, then it’s yours. So if you had a bigger family or a bigger tribe, you got to use more land. That’s how it works. Until the, you know, the Europeans came over here and wanted to tax everything.

Well, John Jay, so the other strategy that you were mentioning, by utilizing HOA covenant. Now, is this a situation where someone already has to be in an hoa, or are you saying to create an hoa, you can do one, you can create one, or you can modify one that you have, or you can just start using it. The way I’m describing, you don’t even have to change too much. In many cases. You can just start deciding. Your community can start deciding to use your HOA in the way in which I can describe for you, which solves many problems.

I mean, it solves many problems, but it also makes your community stronger. It makes people have to participate. Really, that’s the key, is you got to get people to work together. But you can use the hoa. Let me give you a hypothetical. How many. If let’s say that you’re not in already in an HOA community, how many properties do you need to establish? One. One. Okay, so you could have an HOA unto yourself. Yeah. Because an HOA is nothing but a lien. And you can put a lien on one parcel. It’s a covenant. It’s a lien.

It’s like a mortgage. Okay, now, but doesn’t the mortgage take priority over an HOA lien? No. Okay. I have to say yes. But here’s the nice thing about HOA liens. The mortgage and state tax lien and the mechanics lien, those are priority liens. Okay. In fact, the state tax lien is priority over the IRS lien. But when it comes to an HOA covenant, that is the least priority. But the lien never goes away. It never gets exhausted. That’s why it works. It doesn’t need to be priority. It needs to be the least priority and never go away.

So after the foreclosure, let’s say you have a mortgage, the HOA covenant, the HOA is still a lien holder, unchanged, even after a foreclosure, and can exercise lien rights over the property that existed before the foreclosure. So what, what type of lien rights? And are we talking about that the lien would be the fair market value of the property? Well, let’s just say lien rights. I don’t know. It doesn’t matter what the value the property is. But there’s lien rights on the title that the HOA has. And according to the HOA covenant, which we can revise and add, and we can use what’s already on the books, we can exercise lien rights that would recover the title of the property.

If we need to, we could recover. How would that. Like, what type of rights would you have to have in order to do that? The right to foreclose. So look at it this way. Let’s say I own some property and I don’t get a permit for a well, and the county says you didn’t get a permit, or the city says you didn’t get a permit. We have a county code or the city code that says if you don’t do that, we’re going to fine you. Okay. So they send me a ticket or a fine or something and I don’t pay it.

Then the city or the county or the state or whatever would have the right to foreclose if I don’t pay the fine. That’s how it works. That’s why. I see. Okay, so you. So you essentially create rules that the new title holder could not possibly follow? Well, something like that. But what we would do is. Yeah, you could write language. There’s all kinds of ways of doing this. Very. You can be very creative. But if the. If the house is foreclosed upon for any reason that the owner doesn’t like and that the HOA already understands the reason why it was there in the first place.

The way we’re doing this now, the HOA can take the property back from whoever foreclosed upon it, and then the HOA would own it. You could do it that way, but you can also just give it back to the previous owner. There’s all kinds of ways to set this up. Interesting. Interesting. Yeah. But what I’m saying is, because the HOA has the last lien rights, then the HOA could step in the place of your county and city and all these codes and could decide to permit a well for you. You could ask the HOA for the permit.

Why ask the city or not? So let’s say you just do what you want to do. Use your property for however you want. You don’t bother your neighbors and everything’s fine. And the county doesn’t like it, and the city doesn’t like it, and they want to foreclose and penalize you, no problem. You’re insulated by the hoa. The HOA has business. The HOA gets together, has regular meetings, says, hey, look, we got this situation now. The city foreclosed on Jim’s house. Let’s exercise this provision of the covenant and take it back, give it back to them. And so this, the HOA becomes your new governing body of your neighborhood.

No longer is it the city or the county or anything else, and it goes on from there. You can. You can expand it more, but you still have to go through the. I mean, in. In judicial states in order for the HOA to foreclose. To foreclose upon the rights in the covenant. Yes, correct. And you will have to use the courts, however, you can write the covenant in such a way that the foreclosure could be subject to arbitration, but you’re still going to have to go to the courts to get confirmation of the arbitration award. So there are many ways of doing this, but you can use the same path that the bank’s using for your HOA lien.

I really like this type of strategy, John Jay, because basically you’re saying that you’re putting yourself in the position of these powerful banks, essentially, and using similar strategies that they use to take your property away. But you’re using it now to protect your property. Imagine this. Imagine you had an hoa, and you got neighbors that think alike, and they said, you know, these banks are really abusive. I got bank of America, I got Wells Fargo, right? Everybody’s got a mortgage, right? And your whole neighborhood of, let’s say, 450 homes, let’s say 2/3 of it or half of it decides we’re going to teach the banks a lesson in this neighborhood.

We’re just not going to pay the mortgage. And they already have a plan. The HoA is already set up. The bank’s going foreclose, the property gets taken back, everything is restored and the debt’s cleared off the title and the debt lien, the mortgage lien is then exhausted. You see the HOA covenant’s still on the books. It’ll survive the foreclosure. That’s right. You’ll purge the property of the lien. If everybody were to work together, you could remove the banking system from your community and have debt free property if you wanted to and send a message to the banking system, whatever that might be.

So you could, you could have like an, an HOA of a hundred units and do this and with every single unit and it would make major headlines. It would make major headlines. Yeah, it would probably be suppressed actually. But I wonder if they want to put in the headlines because they would tell everybody else what to do. No, no, we, we would get it in the headlines around alternative. It would spread like wildfire. Like it couldn’t, it couldn’t be stopped because people are really hungry, even desperate to some degree for this type of information to stand up for themselves against the government and other predatorial institutions.

Let me add some fuel to the fire for you guys out there, okay? You like this? Think about this. Your department of education for your local community is involved with the property appraisal process so that it keeps your property prices up, up, up, up, which you might like, but it’s keeping the property taxes high because of the valuation rates. Okay. If you’re fed up with stuff like that, this is another way to look at it. This is another tool you might be able to consider using, but it requires you to work together with other people. Could, if you had a tax foreclosure, you would.

This, this would work as well to get the property. It doesn’t matter what type of foreclosure. Any foreclosure on the title rights is what we’re talking about. Foreclosures happen on title rights. I don’t know of any foreclosure that’s on easement rights. I’m sure you could foreclose an interest on easement rights, but almost all of them, all of them in the court system, in whatever, how they’re doing it. All the foreclosures pertain only to title rights. Title claims. Yeah, I don’t think that you could apply. I’m not saying that there couldn’t be a legal mechanism to, you know, a defense against an easement, but I don’t think it would be foreclosure.

I think it would have to be some other kind of remedy. I’m gonna. I’m gonna definitely look into the case law on this, John Jay. Cause you really piqued my interest. And that would. It would be relatively easy to see people who contested liens and what kind of outcomes that had, at least in. In the appellate courts. Yeah. And I have an attorney also who is interested in the stuff we’re talking about. And he, of course, never learned about this in law school, but he’s learning about it now. And I’m gonna, I’m gonna talk to him about this as well and, and see if he has any additional insights.

Because there, you know, I mean, you, you have definitely have it well thought out. But since there’s. Hasn’t been tested in the courts fully, there’s still, I think, probably some choices about how you go about carrying it out in the final steps. Well, the case law is already there. It’s just that I can’t tell you that my experience has, you know. Yeah, the case laws are. I know about. You can. You know, I was involved in a case where the case law was all on my side. And at the trial court level, the judge decided to ignore all the case law, not even mention anything in the.

In the opinion, and just ram it through. And, you know, I was able to work it out actually in my favor, but not, not with the judge. And so, you know, we have to be prepared that the courts are not always going to actually follow or uphold the law. And we’ve got to take it all the way in order to protect ourselves. That’s why we use the arbitration provisions. We stay away from the trial courts. Don’t trust them. And I think that’s with good reason, because even in the appellate courts, there are problems. I mean, there was a case about the, you know, in New York, there’s an executive order that sidesteps the law and that says, you know, if you’re suspected of having a contagious disease, you can be confined.

Just like civil commitment for people with mental illness, it’s essentially almost the same kind of provisions. And I know from, you know, dealing with that system that if you are stuck in the hospital, it’s very, very difficult to get out. Judges are not. The system’s not on your side. So. So the, this suit was actually filed by the Legislators saying that you can’t make a policy like that stepping outside the law and it’s unconstitutional. The trial court ruled to overturn the regulation because it was unconstitutional. And then the, the governor appealed it. And in the appellate court, they said that the plaintiff didn’t have standing because there was no, no one was damaged by the law.

Now, of course, they said they were saying they were damaged because it was a law passed without the legislator. Right. But the court just said basically there was no party, so there’s no standing. And then this was upheld by the highest appellate court. You just have incompetent people making a case like that. You have a bunch of lawyers. There’s. They’re better arguments to make. I don’t like making the argument on constitutionality. I like to make it on property rights, private property rights, which includes due process, by the way, and privacy. Yeah. So. But the problem is like, for example, on the offense, and we can talk about that sometime, but on the fence, and reporting your beneficial owner information, that’s not legally binding on anybody.

But everybody wants to talk about how it’s unconstitutional when. Yeah, it is. But my argument now you’re. This is the new requirement that you have to disclose certain ownership information about your, your LLC or something. Yeah. So people believe. But it’s not legally binding on anyone. And the only thing the attorneys can come up with is that it’s unconstitutional. Which is fine, they’re correct. But they forget all the other reasons why you don’t have to disclose this information. Even if it were constitutional, you still don’t have to disclose your beneficial owners. That’s what I’m saying. When lawyers handle stuff, they’re not very competent.

They don’t understand how law works. They just check some boxes and say it’s not constitutional. That’s all they know how to argue. But the same thing. Why is it. So now, I’ve heard a little bit about this and I’ve seen that there’s some warnings, oh, you better, you know, file this information or you’re gonna be in trouble or something. And. But, you know, to me, I just. Common sense, I’m like, well, if this is a new regulation for, you know, all LLC is, there has to be some kind of notice, official notice given to the owners of LLCs, or at least the agents.

Right. The agent is the one who’s supposed to accept service of process. But there’s been no notifications. They can’t give you notice, and there’s no enforcement mechanism. That is another aspect of this, but the one That I like is the fact that the beneficial owner information is taxpayer return information. It’s identical. And that taxpayer return information or taxpayer information is protected under 26 USC 6103. So you cannot have laws that conflict with each other. You can’t have a law that says this information can only be obtained through the Secretary of the treasury for an actual tax investigation or through an actual criminal investigation.

Or else you can’t get it only through the Secretary of the Treasury. You can’t require someone to waive his rights that are protected under 6103. You can’t have a law that overcomes another law like in this manner, you can repeal the law. Yeah. So the laws don’t conflict with each other. So therefore, that’s why I know BOI rules. In fact, the rules are. We’re talking about the regulations. Okay. What I’m saying is your. Your information is protected under a statute. The statute is controlling. So there is no legal duty to report your beneficial owner information. These stupid lawyers are telling everybody this, that you’re supposed to do this.

This completely incompetent. Yes. Not surprising. Not surprising. So all of you business owners out there, don’t worry about it. Don’t worry about it. Ignore it. Don’t listen to your lawyer. Stupid. That’s right. In fact, fire your lawyer. Fired John Jay. This has really been an amazing conversation. I have a feeling that you might have a few emails and phone calls after people hear this. So, in fact, I’m going to do a call in about 45 minutes. I’m going to talk about how you can recover a whole bunch of money from the state who’s been making false claims to the United States government over certain situations.

Anybody can do this, by the way. I’m going to talk about this tonight. Well, all right. So where. Where can people listen to the show that you’re going to do tonight or any other content that you put out there every Thursday evening? I have a show on. It’s a presentation on Zoom by Zoom and I announce it on Telegram. The invite link is pinned. It’s always the same link. It’s pinned to the top of the discussion or announcement form called Ace of Coins on Telegram, everybody. You should definitely get on John Jay’s Telegram channel. I’m on there.

Ace of Coins. And there are weekly presentations and meetings, and you’re gonna get an amazing education if you start watching these and follow up on the amazing information we talked about tonight. I mean, so many people who are in dire situations, not of their own fault, can really benefit from this. And I’m so grateful that you’re around and thinking about these things. And also that there are a lot of folks teaching things that are not quite right, instructing people to use documents that get laughed out of court. And now you may not be the most avant garde in your approach.

Right. But nothing that you’re talking. That we’re talking about here would be looked at as being strange. It would be more looked at as being, oh, my God, this is a brilliant legal strategy by lawyers and judges. Now, they may not like it, but they are not going to be calling you a sovereign citizen. Oh, none of that stuff. Like, nothing like that. Right? They’re gonna see this approach and they’re gonna. Basically, it’s just like every day’s business for them. Maybe it’s a little creative, it’s a little different. Most people don’t defend themselves at all. But you’re not gonna raise any red flags that you’re kooky or that.

That you’re a revolutionary or that they’re gonna get one over on you, right? They’re gonna have. Based on certain principles. If I have to go to court, you know, I make a legal argument. Each case is different. Like these tax protesters, they just take a document, they keep sending it all over the place. They don’t even. They don’t even read it, you know. But when it comes to these matters that concern people’s property, everything’s different. Every situation is different. So, yeah, it’s, you know, on point. Everything that we do is on point. We might. I might use a document from one state that I did in a similar case.

Right. But I’m going to revise it based on the client situation. There’s not going to be any weird language in there. No one is going to accuse you of arguing vapor money theory or, you know, nothing like that. Because, you know, if some people, they mean well, right, but they just are really ignorant of how the courts work and how really what the law is in many cases. And if you are not, you know, using these things properly, then you’re not going to be taken seriously. And I just want to certify every. What, what John Jay is teaching is going to be taken serious.

It’s the real thing. It’s not any kind of rogue strategy. It’s. It’s extremely powerful. But it’s. It’s pretty standard. Like he was saying easement law. You know, there’s precedents going back, you know, hundreds of years. It’s going to be successful if you stick with it. Yes. Thank you. All right, everyone. Well, thank you so much for your attention, and I’m sure this has been enlightening, and I look forward to seeing you on the next podcast. If today’s episode helped you connect some dots, don’t stop here. Brain fog is often the result of toxic exposure. Once you understand what’s behind it, you can start taking your mind back.

Watch Brain Hijackers for free@AndrewKaufman.com brain hijackers. You’ll also find the link below in the show notes. Your mind is yours. Protect it, sharpen it, trust it.
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