Authenication Affidavit of Ownership I
Authenication Affidavit of Ownership I
Authenication Affidavit of Ownership I
using a name that the State owns. Just like your car, you get to use it as long as you follow all the
regulations and of course pay tribute to its registered owner. Also Rule 220 implies the State can treat
you as a child, no matter how old you are, until you have gone to the registrar and TOLD THEM via
affidavit that you are over 18!
The State holds the Title by mere presumption and the fact that you have never claimed it. Your
momma gave it to them and you haven't gotten it back. So how can you get your Title back without a
big confrontation at Vital Statistics?
Looking at UCC 9-311a (UCC 9 deals with securities) we see that maybe there is a statute that could
get us access to the original Title without a confrontation.
UCC 9-311 PERFECTION OF SECURITY INTERESTS IN PROPERTY SUBJECT TO CERTAIN
STATUTES, REGULATIONS, AND TREATIES.
(a) [Security interest subject to other law.]
Except as otherwise provided in subsection (d), the filing of a financing statement (a lien) is not
necessary or effective to perfect a security interest in property subject to:
(1) a statute, regulation, or treaty of the United States whose requirements for a security interest's
obtaining priority over the rights of a lien creditor with respect to the property preempt Section 9310(a);
(2) [list any statute covering automobiles, trailers, mobile homes, boats, farm tractors, or the like,
which provides for a security interest to be indicated on a certificate of title as a condition or result of
perfection, and any non-Uniform Commercial Code central filing statute]; or
(3) a statute of another jurisdiction which provides for a security interest to be indicated on a certificate
of title as a condition or result of the security interest's obtaining priority over the rights of a lien
creditor with respect to the property.
Now look at 28 USC 1733.
28 U.S. Code 1733 - Government records and papers; copies
(b) Properly authenticated copies or transcripts of any books, records, papers or documents of any
department or agency of the United States shall be admitted in evidence equally with the originals
thereof.
Wow! If we get our Certificate of Title properly authenticated, is it possible that it would be treated as
equal to the original? Lets find out!
First a word on Authentications and Certifications. Authentication is used to verify the authenticity of
the notaries signature (and thereby the authenticity of the document) for all states that have NOT signed
onto the Hague convention treaty. Certifications and Apostilles do the same thing for countries that
ARE signatories to the Hague treaty. Court clerks may try to get you to settle for a certification instead
of authentication, but remember we need "Properly authenticated copies!"
There is no list of what states are not Hague signatories but you can go
tohttp://www.hcch.net/index_en.php and see the Hague website. Click on Non-Member Contracting
States on the left side Menu. Click on the tiny map at the top of the page and download the map. The
grey countries are the ones you are looking for. Find one that you like and verify it is NOT on either list
of countries in both the Non-member Contracting States and the HCCH Member States lists. For
example Jamaica and Taiwan are not on either list. Pick one you like for use on a federal DS-4194 form
and to give to clerks who want to know the destination.
The Process:
Get a certified copy of your Certificate of Live Birth authenticated at each level of government County (if applicable), State and Federal.
Step 1: Get a certified copy of your Certificate of Live Birth.
Sometimes called the long form, this is NOT the same as an uncertified regular Birth Certificate. Some
states have them at the county where you were born, other states like Oklahoma keep them at the State
Vital Statistics office. You may go there in person or order them online from a company like
VitalChek www.vitalchek.com
Step 2: Next get the Certified Certificate of Live Birth authenticated at each level of government. If you
get it from your county then you want to get it Authenticated by the county superior court clerk or
whatever option they have at the county level.
Next, the Secretary of State handles authentications for the state. In Oklahoma their office is on the first
floor of the capital. Have them authenticate the Certified Certificate of Live Birth. They will attach a
fancy page on the front with a brass rivet.
Step 3: Next go to Department of State Office of Authentications and download form DS-4194 on the
right hand side and fill it out with the NON-Hague country of your choice. There may be cheaper ways,
but I chose to prepay postage for a self addressed return document mailer and enclosed it, a money
order, completed form DS-4194 and Authenticated Certified Certificate of Live Birth in the next size
up document mailer and send that off to the address on their website.
You will get back a properly authenticated Certificate of Live Birth like this!
United States of America
Department of State
To all whom these presents shall come, Greetings:
I Certify That the document hereunto annexed is under Seal of the State(s) of Oklahoma and that such
Seal(s) is/are entitled to full faith and credit.*
*for the contents of the annexed document, the Department assumes no responsibility
This certificate is not valid if it is removed or altered in any way whatsoever
In testimony whereof, I, John F. Kerry, Secretary of State, have hereunto caused the seal of the
Department of State to be affixed and my name subscribed by the Assistant Authentication Officer, of
the said Department, at the city of Washington, in the District of Columbia, this fourth day of ...
Issued pursuant to CHXIV, State of __________John F Kerry_______________
Sept. 15, 1789, 1Stat. 68-69; 22 Secretary of State
USC 2657; 22 USC 2651a; 5 USC By: _____________________________________
301; 28 USC 1733 et seq.; 8 USC Assistant Authentication Officer,
1433(f); Rule 44 Federal Rules of Department of State
Civil Procedure
Notice the block of laws in the lower left corner of the document they send back includes 28 USC
1733. They are declaring this copy is equal to the original! You should look up the other laws
referenced as well.
Now you can go to a Registrar and attach an affidavit something like this to the duly authenticated
Certificate of Live Birth.
AFFIDAVIT OF OWNERSHIP
State of _____________ }
} SS
County of ____________ }
RE: Birth Certificate
Now comes ___________________, the undersigned, of lawful age and being first duly sworn on oath,
depose and state that I am familiar with the facts recited, and the party named in said certificate of live
birth is the same party as one of the owners named in said certificate of title.
__________________________________
Signature
Signed and sworn to before me this ________ day of _____________________, 20_____.
________________________________ ________________________________
Notary Public My Commission Expires
The combination of a duly authenticated Certificate of Title and an attached claim is what is known as a
counter deed. From the perspective of trust law you now hold in your hand a deed to YOU. From the
perspective of commercial law you hold a first in time first in line document to YOU, in other words
you are now the real party in interest and holder in due course to the Title to YOU!
Go through these legal definitions from Blacks Law 1st Edition as some preparation for reclaiming
your Title. As you read through them you may begin to see the enormity of the crime perpetrated on the
American people.
BIRTH - The act of being born or wholly brought into separate existence.
DELIVERY.
In conveyancing. The final and absolute transfer of a deed, properly executed, to the grantee, or to
some person for his use, in such manner that it cannot be recalled by the grantor.
In the law of sales. The tradition or transfer of the possession of personal property from one person to
another.
In medical jurisprudence. The act of a woman giving birth to her offspring.
LIVERY.
1. In English law. Delivery of possession of their lands to the king's tenants in capite or tenants by
knight's service.
2. A writ which may be sued out by a ward in chivalry, on reaching his majority, to obtain delivery of
the possession of his lands out of the hands of the guardian.
DEED.
A sealed instrument, containing a contract or covenant, delivered by the party to be bound thereby, and
accepted by the party to whom the contract or covenant runs...
In a more restricted sense, a written agreement, signed, sealed, and delivered, by which one person
conveys land, tenements, or hereditaments to another. This is its ordinary modern meaning.
COUNTER-DEED. A secret writing,either before a notary or under a private seal, which destroys,
invalidates, or alters a public one.
TITLE... The word "title" certainly does not merely signify the right which a person has to the
possession of property; because there are many instances in which a person may have the right to the
possession of property, and at the same time have no title to the same. In its ordinary legal acceptation,
however, it generally seems to imply a right of possession also. It therefore appears, on the whole, to
signify the outward evidence of the right, rather than the mere right itself.
Thus, when it is said that the "most imperfect degree of title consists in the mere naked possession or
actual occupation of an estate," it means that the mere circumstance of occupying the estate is the
weakest species of evidence of the occupier's right to such possession... (There is much more about title