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greyseal

Your house is a gold Mine

 

It's true ! at least in California and several other states. In California, Civil Code sec.. 2924 was enacted in 1872, I have a copy of it, really hard to find. I showed it to a relative, he's a Corporate attorney, he laughed, and said it has nothing to do with real property, its Chattel property, gold mining claims on state owned lands, period!

The law was passed in 1853, Chattel Mortgage Act, ammended in 1857 to include Mining Corporation. the transfer of interest, deemed a Mortgage in 2924 is transfer of mining claims, it cannot include a prommissory note as that would be a loan, see Hickox v. Lowe 10 Cal 197.

The issue of title can not be litigated, the state owns the land, and foreclosure is controlled by Code of Civil Procedure 725, 726 estates in lands, its a probate Court. use ----find california code ----located on the web.

I, have thousands of pages of info, and court decisions,(15 years of research) reduced to 50 pages. anyone know how to paste it on the web?

carl collicott
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t

Quote:
Your house is a gold Mine.

It's true ! at least in California and several other states. In California, Civil Code sec.. 2924 was enacted in 1872, I have a copy of it, really hard to find. I showed it to a relative, he's a Corporate attorney, he laughed, and said it has nothing to do with real property, its Chattel property, gold mining claims on state owned lands, period!

The law was passed in 1853, Chattel Mortgage Act, ammended in 1857 to include Mining Corporation. the transfer of interest, deemed a Mortgage in 2924 is transfer of mining claims, it cannot include a prommissory note as that would be a loan, see Hickox v. Lowe 10 Cal 197.

The issue of title can not be litigated, the state owns the land, and foreclosure is controlled by Code of Civil Procedure 725, 726 estates in lands, its a probate Court. use ----find california code ----located on the web.

I, have thousands of pages of info, and court decisions,(15 years of research) reduced to 50 pages. anyone know how to paste it on the web?

 

You are either another scam artist or simply a total idiot.

 

You should have listened to your relative who is an attorney.

 

Chattels are personal property rather than real property.  Chattel mortgage law has nothing whatsoever to do with foreclosure.

 

CHATTEL.  An article of personal property; any species of property not amounting to a freehold or fee in land.

Blacks' Law Dictionary, 1st Edition (1891)

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Foley
Grey,

Try going into a courtroom in California and making that argument. When you do, please let me know. I want to be there.

Thank you.

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Chuck

Before greyseal makes a thorough fool of himself by going around expounding upon wholly irrelevant chattel mortgages, perhaps he will want to go to a good law library and read Leonard Augustus Jones' three volume exposition on Chattel Mortgages:

 

The law of chattel mortgages and conditional sales, Vols 1-3, by Leonard Augustus Jones (Bobbs-Merrill Company, 1933)

It might help to actually ascertain what a chattel mortgage is before seeking to teach others.  Perhaps greyseal has found some law that will be useful when someone tries to foreclosure on his cattle herd, his oxen or his horse and carriage.  But this law will be of no avail in resisting a foreclosure of real property, particularly a California foreclosure by private right of sale under a deed of trust.

 

greyseal takes wingnut defense to a new level!

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greyseal

1872 Civil Code

 

2924. Every transfer of an interest in property made only as a security for the performance of another act is to be deemed a mortgage, except when in the case of personal property it is accompanied by an actual change of possession, in which case it is to be deemed a pledge.

Note.—"To be deemed a mortgage."—Chase vs. Peck, 21 N. Y., p. 581; Clark vs. Henry, 2 Cow., p. 324; affirming S. C, 7 Johns. Ch., p. 40; Elliott vs. Pell, 1 Paige, p. 203; Stewart vs. Hutchins, 13 Wend., p. 485; affirmed, 6 Hill, p. 143; Lawrence vs. Farmers' Trust Co., 13 N. Y., pp. 200, 642; Furgeson vs. Miller, , 4 Cal.. p. 97; Smith vs. '49 and '56 Quartz Mining Co., 14 Cal., p. 242; Koch vs. Briggs, 14 Cal., p. 256; Hickox vs. Lowe, 10 Cal., p. 197. See note to Sec. 2925. It is intended by the exception made, which, in some respects involves a material alteration of the law, to relieve chattel mortgages, accompanied with a genuine change of possession, from the necessity of recordation, and to prevent the frauds against which the statute requiring the recordation of mortgages was aimed, by subjecting such mortgages to the law of pledge, by which it is clear that they ought to be governed.

carl collicott
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Manny

Quote:
1872 Civil Code

 

2924. Every transfer of an interest in property made only as a security for the performance of another act is to be deemed a mortgage, except when in the case of personal property it is accompanied by an actual change of possession, in which case it is to be deemed a pledge.

Note.—"To be deemed a mortgage."—Chase vs. Peck, 21 N. Y., p. 581; Clark vs. Henry, 2 Cow., p. 324; affirming S. C, 7 Johns. Ch., p. 40; Elliott vs. Pell, 1 Paige, p. 203; Stewart vs. Hutchins, 13 Wend., p. 485; affirmed, 6 Hill, p. 143; Lawrence vs. Farmers' Trust Co., 13 N. Y., pp. 200, 642; Furgeson vs. Miller, , 4 Cal.. p. 97; Smith vs. '49 and '56 Quartz Mining Co., 14 Cal., p. 242; Koch vs. Briggs, 14 Cal., p. 256; Hickox vs. Lowe, 10 Cal., p. 197. See note to Sec. 2925. It is intended by the exception made, which, in some respects involves a material alteration of the law, to relieve chattel mortgages, accompanied with a genuine change of possession, from the necessity of recordation, and to prevent the frauds against which the statute requiring the recordation of mortgages was aimed, by subjecting such mortgages to the law of pledge, by which it is clear that they ought to be governed.

 

Hey, Knucklehead!  Do you have a reading comprehension problem or are you just an idiot?

 

A chattel mortgage is a mortgage on personal property rather than real property.  A person can grant a chattel mortgage on a ship, a herd of goats or a warehouse full of turnips.  But one cannot grant a chattel mortgage on land.

 

In California, the security instrument which secures residential mortgage loans is a deed of trust, not even a mortgage.  The deed of trust is subject to a private right of sale.

 

Some fairly smart Forum participants have clarified this for you.  An attorney already advised you that you were wrong.  Why are you still posting this useless trash?

 

Feel free to try to explain to a California judge your bizarre theories about the law of chattel mortgage's after your house is sold at a private trustee's sale.  Maybe you can use your research to protect your furniture after you are ejected from your home, but it seems more likely that it will simply be stolen from curbside while you remain in denial about the actual law that applies to the lender's security interest in your real property.

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greyseal
  I agree manny, but Civil Code sec. 2924, is the stated authority to foreclose. The proper response to a notice not founded on law is a Writ of Prohibition, filled in the Superior Court

                  1872  Civil Code  Bancroft Whitney Co,    Page 1028        

                                                                                                   INDEX.

CHATTEL INTEREST.

Defined, § 765.

 

 CHATTEL MORTGAGE.

Acknowledged how, §§ 2957, 2963.

Acknowledgment, necessity of, § 2957.

Affidavit that it is made in good faith and without intent to defraud,

§ 2957.

Attachment and sale or property, distribution of proceeds, § 2970.

Attachment of the property, proceedings on, §§ 2968-2970.

Attachment, property may be taken on, § 2968.

Certified, how, § 2963.

Certified, must be. same as grant of realty} § 2957.

Common carrier, mortgage where to be recorded, § 2961.

Continuance on crop after severance, § 2972.

Execution against the property, proceedings on, §§ 2968-2970.

Execution, levy and sale under, distribution of proceeds, § 2970.

Execution, property may be taken on, § 2968.

Foreclosed how, § 2967.

Foreclosure, right of, § 296i7.

Form of, § 2956.

Fraudulent transfer, want. of delivery, § 3440.

Growing crop, continuance on after severance, § "2972.

Lien on growing crop, continuance after deliverance, § 2972.

Made upon property not authorized, effect of, § 2973.

May be made upon what property, § 2955.

Not conforming to statute, effect of, § 2973.

* Pledge, transfer of interest in personalty "as security, when is, § 2924.  

Proof of, necessity and manner of,  §§ 2957, 2963.

Property in transit, where deemed to be, § 2960.

Proved, how, § 2963. "

Recorded how, § 2963.

Recorded in separate books, § "2963.

Recorded, must be, in what counties, § 2959.

 Recorded, must be, same as grant of realty, § 2957.

Recorded where, when property belongs to carrier, § 2963.

Recorded where, when property in transit, § 2960.

Recording certified copies in other counties, § 2964.

Recording certified copy, effect of, § 2964.

Recording, where property in different places, § 2962.

Redemption, foreclosure of right of, § 2967.

Removal of property from county, effect of, §§ 2965, 2966.

Removal of property, rights of mortgagee on, § 2966.

Sale of the property under process, distribution of proceeds, § 2970.

Ship, code sections not applicable, § 2971.

Ship, mortgage where to be recorded, § 2958.

Ships not subject to law of, when, § 2970.

Ships, void as to creditors, etc., unless recorded, § 2958.

Validity where made on property other than permitted by code,

§ 2973.

Validity where not made in conformity to code, § 2973.

Void as to creditors, ct c., unless recorded, § 2957.

Void as to creditors, etc., when, § 2957.

What property may be the subject of, § 2955

This is why my attorney relative started laughing, “transfer of personalty” in 2924 is not Real Property.

carl collicott
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Manny

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I agree manny, but Civil Code sec. 2924, is the stated authority to foreclose. The proper response to a notice not founded on law is a Writ of Prohibition, filled in the Superior Court

1872 Civil Code Bancroft Whitney Co, Page 1028  

 

 

While there are probably a handful of actual judicial foreclosures each year in California, the vast majority of foreclosures are by private sale pursuant to a deed of trust.

 

The provisions you cite relate to chattel mortgages, not to mortgages of real property.

 

Moreover, you might want to try to find a somewhat more up to date law book rather than quoting from laws in effect in 1872.  The provisions you cite are mostly replaced by provisions within the UCC relating to secured transactions.

 

Why don't you ask your Kindergarden teacher for help in reading these posts.  Alternatively, why don't you stop using your Dad's computer to post useless information and work on your coloring book or do a nice finger painting for your Mommy?

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greyseal

 Section 2924 was updated just recently in the legislature, its still listed as Chattel Mortgages. I check everything. The UCC, is an adopted act, (1930's) and subject to laws passed by our legislature.
  This might help          

  

The history and evolution of "Code Law" is detailed in the Maine Bar Association Centennial Report (1992), which acknowledges that current Code Law is premised on the British Judicial Act of 1873, thus confirming the Admiralty/Civil Law character of Civil Law in the lineage of British Feudal Law.

 

George Lee Flint Jr. and Marie Juliet Alfaro, Secured Transactions History: The
Impact of English Smuggling on Chattel Mortgage Acts in the Spanish ...

scholar.valpo.edu/cgi/viewcontent.cgi?article=1291&context=vulr

 

 

 

768 VALPARAISO UNIVERSITY LAWREVIEW [Vol. 37

 

Under American domination, chattel mortgage statutes came late to

the western portion of the Mexican Cession. The State of California at

first barred chattel mortgages in 1850 and then allowed them for fixtures

in 1853, before requiring filing for validity against third persons on April

29, 1857:

Section 1. Chattel mortgages may be made on the

following property, to secure payment of just

indebtedness: [business furniture, machinery,

professional equipment, books, possessory claims to

land, mining improvements, and corporate stock] ....

Section 2. All mortgages made in pursuance of this Act

(with affidavit attached,) shall be recorded in the county

where the mortgagor lives, and also in the county or

counties where the property is located [or used] ....

Section 3. No chattel mortgage shall be valid, (except

between the parties thereto,) unless the same shall have

been made, executed and recorded, in conformity to the

sections of this Act .... 372

372 1857 Cal. Stat. 397, ch. 264 ("An Act Amendatory of and supplementary to an Act in

relation to Personal Mortgages in certain cases, passed May 11, 1853"); see also 1853 Cal.

Stat. 153, ch. 193 (chattel mortgages allowed for fixtures); 1850 Cal. Stat. 267, ch. 114, sec. 17

(chattel mortgages without delivery void).

 
carl collicott
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Manny

No one needs any further clarifying posts from you about chattel mortgages.

 

Chattel mortgages are not mortgages on real property.  Notes for the purchase of California residential real properties are secured by deeds of trust.

 

You are either a complete idiot or a scam victim in complete denial (and an incomplete idiot).  Did someone sell you this wingnut theory?  Did you purchase a franchise to redistribute this nonsense as a scam?

 

If so, please take your scam elsewhere.  Or go back to finger painting and leave these discussions to intelligent adults.

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