So! Let's get started!
First we need to review a few things about commerce.
PAYMENT is actually ILLEGAL. Derek Moran masturbates to "Clubhouse Rules" and will gladly give details on that. ;) Spoiler Alert: LEGAL MONEY is Illegal too, and has been since 1933.
REMITTANCE - Advice to a SECURED PARTY on how to DISCHARGE the debt.
DISCHARGE - to "zero-out" a balance of an item on an account.
NOTARY - WITNESS for the PUBLIC RECORD. If you do business across provincial boundaries, you are a Notary. You do not need "permission". You simply have to give NOTICE.
CONTRACT - LAW. If it is written, it is LAW.
Questions?
So... No questions so far. Good.
NOW, let's look at "Financial Instrument".
Everyone reach into their asses and pull out what you think is a "financial instrument", to clear all these misconceptions up.
There is this, however...
INSTRUMENT:
2. Commercial law. An unconditional promise or order to pay a fixed amount of money, with or without interest or other fixed charges described in the promise or order. - Under the UCC, a promise or order must meet several other specifically listed requirements to qualify as an instrument. UCC � 3-104(a). See NEGOTIABLE INSTRUMENT. 3. A means by which something
is achieved, performed, or furthered <an instrument
of social equality>
FINANCIAL INSTRUMENT:
A document with monetary value and is legally enforceable.It can be a check, bill, bond, or contract that two parties or more agree to the payment of.(Black's 1st ed)
I could find "finances" in bouvier's and got; by this word is understood the revenue or public resources or money of the state. Etymology tho indicates it to mean an end, settlement, or retribution. Interesting
INSTRUMENT, contracts. The writing which contains some agreement, and is so called because it has been prepared as a memorial of what has taken place or been agreed upon. The agreement and the instrument in which it is contained are very different things, the latter being only evidence of the existence of the former. The instrument or form of the contract may be valid, but the contract itself may be void on account of fraud. Vide Ayl. Parerg. 305; Dunl. Ad. Pr. 220.
Byproduct? Would not the SURETY need to exist PRIOR to a FINANCIAL INSTRUMENT being written (agreed upon)?
Eh, seems to me the SURETY is *the OTHER half of the VALUE* or am I out to lunch?
I see the SURETY moving in the opposite direction of the value being exchanged.
A $20 Dollar Bill has 2 signatures, and NONE of them are yours. You are only the BENEFICIARY. You can never seek remedy from the dudes that signed the $20 bill, because they have no contract with you.
You CAN get remedy from the trustee. It says so on the instrument.
Definition of 'Financial Instrument'
A real or virtual document representing a legal agreement involving some sort of monetary value. In today's financial marketplace, financial instruments can be classified generally as equity based, representing ownership of the asset, or debt based, representing a loan made by an investor to the owner of the asset. Foreign exchange instruments comprise a third, unique type of instrument. Different subcategories of each instrument type exist, such as preferred share equity and common share equity, for example.
Investopedia Says
Investopedia explains 'Financial Instrument'
Financial instruments can be thought of as easily tradeable packages of capital, each having their own unique characteristics and structure. The wide array of financial instruments in today's marketplace allows for the efficient flow of capital amongst the world's investors.
Okay, I see my mistake while reading the SURETY thread. The SURETY like the VALUE only exists to the PARTIES yet others NOT OF the FINANCIAL INSTRUMENT may benefit.
Financial instrument only creates money of account which you exchange for money of exchange you sign that money into existance as surety for it and someone thats not you gets paid with interest added?
Fuck yes Chad. I couldn't agree more so. Even with a broken leg I've never felt more alive or excited & that's because the dynamics of this group is constantly changing & evolving.
Oh btw Chad B. I know ye probably want to break my leg too because of my mouth but believe me when I state this but I AM on your team. Ok??
Yes I do give you value just like everyone else.
Something with money attached to it that I can use, like a guitar or a piano or a flute.... :-D , oh no sorry that would be a MUSICAL instrument, not a FINANCIAL one...
Scott Duncan: A $20 Dollar Bill has 2 signatures, and NONE of them are yours. You are only the BENEFICIARY. You can never seek remedy from the dudes that signed the $20 bill, because they have no contract with you.
You CAN get remedy from the trustee. It says so on the instrument.
..does it say you CAN get remedy from the trustee on the BIRTH CERTIFICATE somehow also, Scott?
So when someone ask for the person I happen to have in my pocket is BIRTH date, I can't give MINE, it would be a mistake, I have to give its REAL birth date, which is the one on the Act of Birth ? :-\
I did an administrative process on a credit company in regard to retrieval of the title/original promissory note/loan contract for a friend. They had paid off the loan but the credit company was trying to lay a Lot of bogus fees on at the end. So I simply informed them that to our knowledge the loan was discharged and the original title/note was to be returned in 10 days or a cheque to the same value. They dropped the extra charges (which was all my friend was concerned about) immediately and sent a clever colour photo copy of the loan contract with settled written by hand with a thick black board marker across it. I sent two more notices which completed the process with a default and consent to summary judgement. That has long since matured into a security for such a time as my friend feels confident enough to collect or sell it:)
Not really. They don't have the right to destroy it. They will claim to have LOST it; At which point you can invoice them for the balance, to replace it.
i have a question..anyone of you had success getting those promissory note back? my guess is no. if they don't abide by the law themselves i can't see any remedy being granted.
Ok Alexandre Boutet, If you have completed all of your obligations, the original note is your property isn't it?
Example, You borrow 1000 from me, and agree to pay it back over time... I have you sign a promissory note when I loan you the money. After you've completed your end of the deal, You ask me for the original note back. I would give it to you. Done, the end.
In the case of a bank, the note gets sold. So they "can't find it" or whatever... But it is still your property and you want it back right? So if it was worth whatever the loan was originally, I would guess that it still is worth that. At least to you it is...
So, give them the bill for it.... :)
I had a look the other day on the credit reporting website for the person I have, and there are LOTS of those notes out there that never got returned....
It looks like I have some letters to write.
Alexandre Boutet, the General Director of the bank just sent the PERSON I have an invitation to come pick up the ORIGINAL promissory note... We'll see how things unfold, I'll try to update tomorrow...
Is the original Promissory Note a PRIVATE document, brought into the PUBLIC through the bank's lawyer, then sent by him to the TRUSTEE (Bank of Canada)?
And Scott do not really skype often with Quebecois, he usually use Quebecois for some very specific duties, like wearing some heavy vest of some types....
You are PRIVILEGE, Will Bed :D
What if RBC was the original instrument holder and you have recently switched to a mortgage company with lower rates. Would the original be discharged by the new mortgage, would RBC be required to return the original. I ask not for myself but "every one" who has refinanced any debt, line of credit and or death pledge
David Vilaca, that original mortgage is discharged and a new one is created right? So if you've switched to a 3rd mortgage company there should be 2 notes to go and get, the 3rd one still being held by the current company...
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. . . This has already been informative & enlightening. I'm grateful to be looking and listening in on these nuts-and-bolts progressions of ideas & innovations !
I was part of the chat last night. It was awesome and informative. I had an RBC MORTGAGE and transferred it to a credit union. If I REQUIRE RBC to return my property is there any reason why it doesn't exist? As stated above the credit union created a new mortgage is that correct? If this is the case I will be sending a registered letter REQUIRE that promissory note be returned
oh the things you learn in the middle of the night. new merchant princes on the rise, how the blockchain will eventualy lead to the identity of Satoshi, what hashing is really doing and.... I'm a pussy dumb fuck who still has it all wrong. :P
I recently asked my bank manager similar questions in letter form, and after a few weeks, I just received a package containing a "Resolving Customer Complaints" pamphlet, and a copy of my basic mortgage documents that I already have.
She didn't answer one question, or provide me any of the original documentation I asked for.
I guess I need to move up the food chain a bit.....
Maybe one more letter questioning her management abilities, with simpler grammar, more to the point....
Then I'll read more, and learn how to possibly send a bill etc.
They have something that belongs to you, Brad No.
You REQUIRE them to give it back to you.
They do not give it back.
You send them an invoice for the value of the thing.
Very simple stuff... :)
If you read your original paperwork, it often lays out what the bank considers to be acceptable communication. For the mortgage I had, they had the head office listed and all communications were to be in writing and registered mail. If that is the case, then me talking to a teller is a waste isn't it? Perhaps you have some similar instructions in your documents?
Thanks.
The bank manager doesn't have a CLUE, so it's a waste of time dealing with her.
All people at BMO I've talked with, and Land Titles staff have told me there isn't such thing as a deed anymore, and it's done all electronically. Perhaps that's what they "believe"
I payed Land titles for what I thought was a certified copy of my land title, and after not receiving that, by phone he told me his "word" was all the proof I needed, and sent me an email copy that's very vague on info.
I realize that, but they basically told me they send the electronic version of the deed to land titles, which allows them to remove the banks name off of the title