I do solemnly stand, declare and state for all time that, were deeds were conveyed to me to for private noncommercial properties located on the land of the union state of Michigan where mistakenly recorded or deliberately recorded in err as real estate or real property which are commercial terms and misleading.
A "Ownership". (Black's Law Dictionary 5th Edition). The complete dominion, title, or proprietary right in a thing or claim. The entirety of the powers of use and disposal by law. The exclusive right of possession, enjoyment, and disposal. Ownership of property is absolute or qualified. The ownership of property is absolute when a single person has absolute dominion over the property. The ownership is qualified when use of the property is restricted."
B.Brady v. U.S., 397 U.S. 742, 748 "Waivers of Constitutional Rights, not only must they be voluntary, they must be knowingly intelligent acts done with sufficient awareness.
C. Contract - "An agreement between two or more parties creating
obligations that are enforceable or otherwise recognizable at
law." (Black's 7th)
D..United States vs. Van Dusen, C.C.A.Minn,. 78 F.2d 121,124.
The rights of the individuals are restricted only to the extent
that they have been voluntarily surrendered by the citizenship to
the agencies of government. City of Dallas v Mitchell, 245 S.W. 944
. The statute makes certain contracts "voidable" by one of the parties, in the event that the party does not wish to follow through on the agreement. (A contract that is "void" cannot be enforced. A contract that is "voidable" remains valid unless one of the parties chooses to void the contract.)
AFFIDAVIT OF support
1. I, "Jerry James Stanton", hereafter "Affiant", as legally identified by the government of Michigan since his record of live birth at Hillsdale County at the County Clerk's Office Book 1944 Page 441 County (Exhibit A) and Notarized, registered, Picture for a live Birth record and notice of Legal status of noncommercial man who is free of any contract restricting his rights, recorded at Hillsdale County Register of Deeds Liber 1364 page 0910. By said document is it verified that Affiant is an adult man who is a Sovereign man who is free, who lives on the land of the union state of Michigan (1836). Affiant is a living man with all inalienable rights intact as "The sovereignty of a state extends to everything which exists by its own authority, or is introduced by its permission." McCulloch v. Maryland, 17 U.S. 316 (1819)(emphasis added), and since Affiant was not created by the State, and does not exist by its permission, but has been made and so made the Sovereign over the State by his Creator, he is not a subject to the State's lower sovereignty.
2. That I am not in receipt of any verified evidence that contradicts, Affiant possesses the due process right to be properly identified in any and all legal proceedings and documents that are regarding him where any of his Rights or property rights are in jeopardy. If the Christian name be wholly mistaken, all documents are legally fatal to all instruments.
3. That I am not in receipt of any verified evidence that contradicts, the Affiant cannot be legally named anything other than "Jerry James Stanton" for there to be a legal document to exist to effect him, his body, and/ or his Rights by any means whatsoever, and must be properly named by any party making a complaint or claim against him, his property, and/or body.
A. 100 Parties [46 Am Jur 2d JUDGMENTS]
A judgment should identify the parties for and against whom it is rendered, with such certainty that it may be readily enforced, and a judgment which does not do so may be regarded as void for uncertainty. Such identification may be achieved by naming the persons for and against whom the judgment is rendered. Technical deficiencies in the naming of the persons for and against whom judgment is rendered can be corrected if the parties are not prejudiced. A reference in a judgment to a party plainly liable , followed by an omission of that parties name from the language of the decree, at least gives rise to an ambiguity and calling for an inquiry into the courts real intention as reflected in the entire record and surrounding circumstances. [Footnote numbers omitted; cites not reproduced]
4. Affiant has made PUBLIC NOTICE, to all in the State through Publication (Exhibit B) published for the world to see, in Hillsdale County newspaper Hillsdale Daily News, published October 9, though October 30, 2008. Registered with Hillsdale County Recorder's office Record instrument at Liber 1364 Page 0868 and County Recorder's office Record instrument at Liber 1365 page 0873. From Jan 9, 2009 to Jan 30, 2009 was published in Coldwater Daily Reporter (Exhibit C) and was registered at the Branch County Register of Deeds. Recording document number 2009-00662. All these publications are done accordingly to prove that the affiant is a sovereign private man who is free and not a statutory fictitious person involved in any commercial activity. With repeated legal notices to the employees of the corporation of the STATE OF MICHIGAN and all of it subdivisions.
"The parties to a suit must be specifically mentioned (Com. Dig. Pleader, C.
18), and actions to be properly brought must be commenced and prosecuted in
the proper Christian and surnames of the parties." Seely vs. Schenck and Denise, Crandall vs. Denny & Co, 1 Penn., Rep. 75. Tomlinson vs. Berke et. al. (5 Haisl. Rep. 295)."
Oregon Supreme Court Record, Book No. 1, 1844-1845, page 58.
"The object of the description of persons in all legal proceedings is to identify
them, or to designate their office or the character in which they are to be viewed
[perceived] in the proceeding. All persons are presumed to have what is called a
Christian or given name, and for the purpose of identifying parties, it is a
primary rule in practice and pleading, that the full Christian name and surname
should be given at length, unless averred to be unknown. Under our criminal
code, as well as the old practice in this State, the Christian name of the
defendant, if known, must be set out in full in the indictment or information."
Gardner v. The State, 4 Indiana 632;"
"If the Christian name be wholly mistaken, this is regularly fatal to all legal
instruments…and the reason is, because it is repugnant to the Christian religion,
that there should be a Christian without a name of baptism, or that such a
person should have two Christian names...and therefore if a person enters into a
bond by a wrong Christian name, he cannot be declared against by the name in
the obligation, and his true name brought in an alias, for that supposes the
possibility of two Christian names; and you cannot declare against the party by
his right name, and aver he made the deed by his wrong name."
New Abridgment of the Law, by Matthew Bacon,
1846, Volume VII, published by Thomas Davis,
Philadelphia, Pennsylvania
The constitution of fundamental law may not openly be evaded by the "giving a new name
to an old thing"
Craig vs. Missouri 29 U.S. 410. (1830)
5. On February 18, 2011 and returned Joyce McCallister sent mailings to a fictitious name of STANTON, JERRY and were returned February 22, 2011 registered mail number, 7008 3230 0002 6304 0738 for fraudulent mailing and documents.
6. That I am not in receipt of any verified evidence, that contradicts, the Affiant is a living sovereign private man and his noncommercial private property located on the land of union state of Michigan, are not objects of commercial ad valorem assessments and taxes and should not be on an assessment role or put down as real property on deeds or owners called tenants by STATE Agents to deny the people of this state of their unalienable rights to full ownership of property by deliberate deception using colorable words of art, to deny the sovereigns of their unalienable rights to full ownership of private property and deceive them into a state of bondage and forced servitude using deception and fraud with no common law remedy . See;
- Pursuant to M.C.L.A. 211.10 ad valorem taxes must be levied on all property, real and personal, except that specifically exempted by law.
B. The Black's Law Dictionary 6th Edition defines "Real Property" as "Land, that for the purpose of sale, emblements, industrial growing crops and things attached to or forming part of the land, which are agreed to be severed before sale or under the contract of sale, shall be treated as goods and be governed by the regulating the sales of goods."
Land, that which is incidental or appurtenant to land; that which is immoveable by law: except that for the purpose of sale, emblements, industrial growing crops and things attached to or forming part of the land, which are agreed to be severed before sale or under the contract of sale, shall be treated as goods and be governed by the regulating the sales of goods. Calif.Civil Code, § 658
C. Michigan Constitution; § 9 Slavery and involuntary servitude.
Sec. 9. Neither slavery, nor involuntary servitude unless for the punishment of crime, shall ever be tolerated in this state.
7. That I am not in receipt of any verified evidence that contradicts, your all capital spelling and changing of name placements, on your unsigned documents is not done for sole purpose to extort money using fraud making it look like a sovereign free private man and his private property are commercial and the object of a commercial STATE tax.
8. That I am not in receipt of any verified evidence that contradicts, that any STATE OF MICHIGAN or one of their corporate sub divisions employee assessors, after they having been notified by certified mail that you are breaking or not interpreting, Michigan's property tax laws
correctly, that this instrument puts you on notice that you are breaking and misapplying the law and are therefore, liable and responsible for all damages and costs incurred by your fraudulent actions in your own personal capacity, if you choose not to correct your actions or validate them.
9. That I am not in receipt of any verified evidence that contradicts, the only correct and legal spelling style of the Affiant name is Capitol J, lowercase e-r-r-y, Capitol J, lower case a-m-e-s, Capital S t-a-n-t-o-n and any variations to the spelling, name placement or all capitulation or any other form of spelling is done by the COUNTY AND TOWNSHIP employees for the soul purpose to misapply the commercial property tax laws to private property for there personal gain.
10. That I am not in receipt of any verified evidence that contradicts a person's name consists of one or more Christian or given names and surname or family name. (See Blakeney vs Smith, 183 MISS 151.South 920, 921 Abbreviation) (A middle initial) is not equivalent of a name." (See Putnam vs Beffom, 291MASS 217, 197NE 147, 148).
11. That I am not in receipt of any verified evidence that contradicts, that I am not a legal entity as described in the Michigan Property Tax Laws as one being responsible for the tax and that has any contract to pay a property taxes to the corporation called the State of Michigan, or any of it's chartered subsidiaries. (See Black's Law Dictionary, 7th Edition; Legal entity; A body, other than a natural person, that can function legally, sue or be sued, and make decisions though agents.)
12. That I am not in receipt of any verified evidence that contradicts that I am not an entity or a statutory "person" as defined in Title 18, USC, Section 921 (a), (1)., or Michigan Property Statutes sec; 211.51 (b)
13. That I am not in receipt of any verified evidence that contradicts that I have never made, with any "knowingly intelligent action" (See Brady vs US, 397 U.S. 742, 748 {1970} any voluntary election to be responsible for any commercial property tax on my private properties located in Union state of Michigan.
14. That I am not in receipt of any verified evidence that contradicts that Hillsdale and Branch County Treasurers and County Register of Deeds have been notified of the above facts of my lawful status and lawful name of the and is clearly recorded in the records. See Hillsdale Register of deeds. Affidavit of facts, Liber 1364 Page 0868 & Default, Liber 1365 Page 0873 Branch Country register of deeds file *2009-07469* 10/22/2009 page 12, and *2008-07381* 10/16/2008 page; 67.
15. That I am not in receipt of any verified evidence that contradicts, that I can, and have reserved my common law right not to be compelled to perform under any contract or commercial agreement that I have not entered into intentionally, knowingly and voluntarily, what would restrict my unalienable rights in any way. (See Brady vs US, 397 U.S. 742, 748 {1970})
16. That I am not in receipt of any verified evidence that contradicts that the Village of Allen has refused to provide me with any documentation of facts necessary to establish that I have entered into a contract to be responsible for a commercial property tax agreement on my private properties.
17. That I am not in receipt of any verified evidence that contradicts that the employee's of the VILLAGE OF ALLEN or its Assessor, has never been given authority or can produce or provide me with documentation of facts necessary to establish their authority to assess and tax any my private property or that I am and my private property are subject to the legislative authority which created the taxing statutes for the STATE OF MICHIGAN INC, or its SUBDIVISIONS and is only doing so to unlawfully to extort funds using fraud, for their personal benefit.
18. That I am not in receipt of any verified evidence that contradicts that, the Corporation called STATE OF MICHIGAN or it chartered municipalities, subdivision like COUNTIES, TOWNSHIPS, CITIES VILLAGIES or there agents, has now or ever has had jurisdiction over the living man Jerry James Stanton or his private properties located in the union state of Michigan. Which is evidenced by.
A. "Jurisdiction": (Black's Law Dictionary 7th Edition). A government's general power to exercise authority over all persons and things within its territory.
B. "The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts. One's right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections. " (emphasis added) West Virginia Board of Education v. Barnette,
319 U.S. 624, 638 (1943)(Opinion, J. J
19. That I am not in receipt of any verified evidence that contradicts, that the right to own private property is a common right that existed long before the states and the United States existed and the land or the common right to own it, can not be taken away, taxed by a vote, or the object of a forced tax or take statute, without a owners consent..
Again see.
A. West Virginia Board of Education v. Barnette,
319 U.S. 624, 638 (1943)(Opinion, J. J
B. Michigan Constitution
§ 1 Political power.
Sec. 1. All political power is inherent in the people. Government is instituted for their equal benefit, security and protection.
§ 9 Slavery and involuntary servitude. CONSTITUTION OF MICHIGAN OF 1963
Sec. 9. Neither slavery, nor involuntary servitude unless for the punishment of crime, shall ever be tolerated in this state.
20. That I am not in receipt of any verified evidence that contradicts, that, that the Affiant is not a taxpayer as defined by law and that no Township, County or State Assessor has the authority to determine whether the land owner is or is not a taxpayer. See;
A. "Taxpayer": (Blacks Law Dictionary 7th edition) One who pays or is subject to a tax.
B. Economy Plumbing and Heating Co. v. United States, 470 F. 2d 585 (1972)
"The revenue laws are a code or system in regulation of tax assessment and collection. They relate to taxpayers, and not to nontaxpayers. The latter are without their scope. No procedure is prescribed for nontaxpayers, and no attempt is made to annul any of their rights and remedies in due course of law. With them [nontaxpayers] Congress does not assume to deal, and they are neither of the subject nor of the object of the revenue laws."
C. (... the power to make regulations does not extend to making taxpayers of those whom the Act, properly construed, does not tax); Indiana Dept. of State Revenue v. Colpaert Realty Corp., 231 Ind. 463, 109 NE.2d 415 (no power to render taxable a transaction which the statute did not make taxable); Morrison-Knudsen Co. v. State Tax Com., 242 Iowa 33, 44 NW.2d 449, 41 ALR.2d 523 (use tax
21. I am not in receipt of any verified evidence that contradicts that, any private properties owned by Jerry James Stanton a non taxpayer, on land in the union state of Michigan are not or ever have been real and personal property, used in commerce, as defined in the GENERAL PROPERTY TAX ACT (EXCERPT)
Act 206 of 1893 Sec. 211.2 (Real property). See;
A. 211.1 Property subject to taxation.
Sec. 1. That all property, real and personal, within the jurisdiction of this state, not expressly exempted, shall be subject to taxation.
2) "Real Property" (Black's Law Dictionary 6th Edition). Land, that which is incidental or appurtenant to land; that which is immoveable by law: except that for the purpose of sale, emblements, industrial growing crops and things attached to or forming part of the land, which are agreed to be severed before sale or under the contract of sale, shall be treated as goods and be governed by the regulating the sales of goods.
22. That I am not in receipt of any verified evidence that contradicts that, any properties owned by the Affiant in the union state of Michigan can not be defined as a "Homestead, residential, industrial, or agricultural, for these are all commercial terms that are foreign, to my noncommercial private property, and any contract signed giving up rights would be void because of the deceptive terms used and inalienable rights can not be contracted away.. See;
A. 211.7a Definitions; Homestead, Residential and Agricultural
B. U.S. Supreme Court ruled in U.S. v. Throckmorton, 98 US 61: "…fraud vitiates the most solemn contracts, documents and even judgments."
23. I am not in receipt of any verified evidence that contradicts that, my private property is located in the union state of Michigan and is privately owned and not involved in taxable commercial activity, there fore my private property is a noncommercial, a non-article of commerce, that would never be the subject of a commercial or commerce Ad valorem assessment or property tax. See;
A. Specifically, a key authority from American Jurisprudence, 2nd , page 129, states that a administrative agency may not create any liability not sanctioned by the lawmaking authority, especially a liability for a tax.. Citations omitted.
a. "Ad valorem tax". (Black's Law Dictionary 6th Edition). According to value. A tax levied on property or an article of commerce in proportion to its value, as determined by assessment or appraisal.
B.According to value. A tax levied on property or an article of commerce in proportion to its value, as determined by assessment or appraisal. Callaway v. City of Overland Park, 211 Kan. 646, 508 P.2d 902, 907.
- "Commerce". (Black's Law Dictionary 7th Edition). The exchange of goods and services, especially on a large scale involving transportation between cities, states, and nations.
- Pursuant to M.C.L.A. 211.78k
- (2) A person claiming an interest in a parcel of property set forth in the petition for foreclosure may contest the validity or correctness of the forfeited unpaid delinquent taxes, interest, penalties, and fees for 1 or more of the following reasons:
- (a) No law authorizes the tax.
- (b) The person appointed to decide whether a tax shall be levied under a law of this state acted without jurisdiction, or did not impose the tax in question.
- (c) The property was exempt from the tax in question, or the tax was not legally levied.
- (e) The tax was assessed fraudulently.
24. I am not in receipt of any verified evidence that contradicts that, corporate STATE OF MICHIGAN, and its chartered subdivisions COUNTIES, TOWNSHIPS, CITIES, or VILLAGE'S, employee's are deliberately committing fraud in their personal capacity
by mailing, Ad valorem commercial assessments statements and tax bills using the U.S Mail Service to collect taxes on the Affiants private property with out verifying their actions in fact and law under oath, when those actions are challenged, as defined by following U.S courts. See;
The elements of the offense of mail fraud under 18 U.S.C. (Supp.V) § 1341 are (1) a scheme to defraud, and (2) a mailing for the purpose of executing same. "It is not necessary that the scheme contemplate the use of the mails as an essential element."
Pereira v. United States, 347 U.S. 1, 8, 74 S.Ct. 358, 362, 98 L.Ed. 435 (1954). See also
United States v. Schilling, 561 F.2d 659 (6th Cir.1977). Nor is it required that the false representations themselves were transmitted by mail. "It is sufficient that the use of the mails was caused by the defendant in furtherance of the fraudulent scheme."
United States v. Hopkins, 357 F.2d 14, 17 (6th Cir.) cert. den. 385 U.S. 858, 87 S.Ct. 107, 17 L.Ed.2d 84 (1966).
25. I am not in receipt of any verified evidence that contradicts that, Joyce McCallister has been legally notified that the private properties owned by Jerry James Stanton are not within the jurisdiction of the corporate STATE OF MICHIGAN, or any of its chartered subdivisions COUNTIES, TOWNSHIPS, CITIES, or VILLAGE'S, there for if Joyce McCallister, continues to attempt to assess and collect Ad valorem commercial taxes on Affiants private property with out verifying her actions in fact and law under oath, she will take full responsibility for all damages and costs occurred in her own personal capacity and it is further axiomatic that: "Where a liability in equity arises due to injury by any party, and that party does not also provide a "remedy" for said liability, the injured party has the right and standing to create his own remedy"
See;
A. The same distinction was pointed out in Hagood v. Southern, which was held
to be, in effect, a suit against the State, and it was said: "A broad line
of demarcation separates from such cases as the present, in which the
decrees require, by affirmative official action on the part of the
defendants, the performance of an obligation which belongs to the State in
its political capacity, those in which actions at law or suits in equity are
maintained against defendants who, while claiming to act as officers of the
State, violate and invade the personal and property 17*17 rights of the
plaintiffs, under color of authority, unconstitutional and void." 117 U.S.
52, 70. Pennoyer v. McConnaughy, 140 US 1, 16-17 (1891).
B. Administrative Law Section 301. -- Particular applications.
In application of the principles that the power of an administrative agency to make
rules does not extend to the power to make legislation and that a regulation which is beyond the power of the agency to make is invalid, it has been held that an administrative agency may not create a criminal offense or any liability not sanctioned by the lawmaking authority, and specifically a liability for a tax, [2] or inspection fee.
26. I am not in receipt of any verified evidence that contradicts that, any contract, agreement, with the corporate STATE of MICHIGAN or any of its chartered subdivisions on any kind using commercial notes have no more authority than a private enterprise..
A. In the absence of such showing, it must be presumed that, when Congress launched a governmental agency into the commercial world and endowed it with authority to "sue or be sued," that agency is not less amenable to judicial process than a private enterprise under like circumstances would be.
FHA V. BURR, 309 U. S. 242 (1940) page 309
"If evidence of a fact is clear, positive, uncontradicted and of such nature it cannot rationally be disbelieved, the court must instruct that fact has been established as a matter of law." Roberts vs. Del Monte Properties Co., 111 CA2d. 69 (1952).
From: bergen the county
Subject: Property Tax is commercial--persons are dead dead dead -- residential property in New Jersey is defined as rental property-check your state definitions-see attachment-- dead>
Date: Friday, June 15, 2012, 3:50 PM
Is this true for your state? Should be. Your house is placed into a commercial real estate classification just as you are presumed to be driving (for hire) a vehicle in commerce. The following is the result of years of researching the New Jersey Statutes and explains who they are charging a property tax. N.J.S. 54:4-1 TAXATION is where the town says it gets its authority to tax. (Note: If statutes are not given in the body of this text, they are at the end of this document) In State of New Jersey an "owner"on the "REAL PROPERTY TAX LIST" is an owner of residential rental property. Bet you didn't know it. Before I had the definition of "owner" three of us went to the assessor to tell him about the Administrative Code definitions of the classifications (not found in the statutes) and he started dancing literally. When we presented him with 54:4-133 (133 is the last statute in the job description of the assessor) which says if you live in your home and derive no rent you are excepted from the title, he started doing the jig. He presented us with a form for exemptions which of course were for dead (legal persons not men and women) and of no help to me. It wasn't until a month or so ago that I could prove by the NEW JERSEY REGISTER (the definitions of the terms grantor and grantee are conveniently omitted in the statutes themselves ) that the the term grantor is used interchangeably with buyer, grantee is used interchangeably with seller and that grantor and grantee are persons. And persons are defined as natural persons, associations, corporations and any other legal entity(ies). How about that? They presume that you the seller and buyer on a deed are dead persons? How come? If the definitions in the statutes say persons are individuals, natural persons, associations, corporations are all dead legal entities. Guess what? The statutes refer only to persons. The statutes then (yes all of them) subject only dead persons to them. The living are ALL exempt. So if you record a deed and the deed is defined by statute as conveying from a named grantor to named grantee and the grantor and grantee are defined as "persons", unless rebutted by you (the living) the owner of record (recorded deed) is dead dead dead. When someone is dead there is an estate created and the real estate (recorded deed to a dead person) is abandoned as there is no one living to own it. The county, municipality and State are presuming that, since no heirs have come forward, that they are the administrators of that estate (yours) unless and until you return and declare yourself living. Until that time (you return to claim your estate) they are collecting rents and profits on your property until the absentee owner (you are considered an absentee) returns from the dead. This (presumption of death) is how, while you are actually alive and living in your home, you are presumed to be a tenant. It is how they are charging you rent and calling it property taxes. When the absentee (presumed to be dead after 5 (previously 7) years missing) returns he can claim the rents and profits thereon. /
s.doc N.J.S. 3B:27-5. Absentee later proved alive entitled to proceeds of transaction
If an absentee should later be proved to have been alive at the time of a transaction referred to in N.J.S. 3B:27-4, then he or any other person taking under him shall be entitled to a just interest in the rents, purchase price, and other proceeds of the transaction, which have not come into the hands of a person who has given value therefor without notice that the absentee was alive.
L.1981, c. 405, s. 3B:27-5, eff. May 1, 1982.
The problem is there is a procedure to have you declared dead and they aren't following it [Google Search: journal.mb.5.1-4.pdf for the original Death Act of 1797-there are also current statutes] the before they take charge of your estate and administer it. They are also in violation of the following statutes. An administrator must be appointed to administer the estate. If any money or property is given (distributed) out by the administrator the one receiving it (distributee) is required to take out a refunding bond in case the absentee returns to claim his estate. Therefore if the municipality, county, state take taxes (rent for your property) they are required to have a refunding bond in the event the owner/absentee is alive and returns (and figures out what the heck has been going on ie is presumed to be dead) and need to return the proceeds to you.
N.J.S. 3B:27-1 Death of resident or nonresident presumed after 5 years' absence or exposure to specific catastrophic event.
New Jersey Court Rule Declaration of Death; RULE 4:93. Declaration Of Death; 4:93-1. Complaint An action under N.J.S.A. 3B:27-6 to declare dead an absentee, whether a resident or nonresident of this State, may be brought by a spouse, any next of kin, creditor, executor, administrator, beneficiary under an insurance policy on the absentee's life, or any other person interested in the estate. The complaint shall specify the facts as to the plaintiff's interest. http://www.judiciary.state.nj.us/rules/part4toc.htm
12. 3B:23-24. Refunding bond of devisee or distributee
3B:23-24. Refunding bond of devisee or distributee
A personal representative shall, on paying a devise or distributive share or on delivering an instrument of distribution to the person entitled, take a refunding bond therefor, to be filed in the office of the surrogate of the county wherein he received his letters or in the office of the clerk of the Superior Court, if he received his letters from the Superior Court.
L.1981, c. 405, s. 3B:23-24, eff. May 1, 1982.
Another little tidbit of pertinent information: the definition of signature in the State is the mark of a "person". How can a dead person sign? It can't. Below is the Administrative code for the definition of Class 2 residential property found in the definition of Class 4A Commercial and the statutory definitions of owner. Lastly the statute below in New Jersey that should take care of this. Unfortunately an attorney only represents "persons" not the living.
N.J.S. 2C:21-4. Falsifying or tampering with records
a. Except as provided in subsection b. of this section, a person commits a crime of the fourth degree if he falsifies, destroys, removes, conceals any writing or record, or utters any writing or record knowing that it contains a false statement or information, with purpose to deceive or injure anyone or to conceal any wrongdoing.
b. Issuing a false financial statement. A person is guilty of issuing a false financial statement, a crime of the third degree, when, with purpose to deceive or injure anyone or to conceal any wrongdoing; he by oath or affirmation:
(1) Knowingly makes or utters a written instrument which purports to describe the financial condition or ability to pay of some person and which is inaccurate in some substantial respect; or
(2) Represents in writing that a written instrument purporting to describe a person's financial condition or ability to pay as of a prior date is accurate with respect to such person's current financial condition or ability to pay, whereas, he knows it is substantially inaccurate in that respect.
L.1978, c. 95, s. 2C:21-4, eff. Sept. 1, 1979. Amended by L.1981, c. 290, s. 21, eff. Sept. 24, 1981.
2C:21-3. Frauds relating to public records and recordable instruments
a. Fraudulent destruction, removal or concealment of recordable instruments. A person commits a crime of the third degree if, with purpose to deceive or injure anyone, he destroys, removes or conceals any will, deed, mortgage, security instrument or other writing for which the law provides public recording.
b. Offering a false instrument for filing. A person is guilty of a disorderly persons offense when, knowing that a written instrument contains a false statement or false information, he offers or presents it to a public office or public servant with knowledge or belief that it will be filed with, registered or recorded in or otherwise become a part of the records of such public office or public servant.
L.1978, c. 95, s. 2C:21-3, eff. Sept. 1, 1979.
Theft of property : name - deception – A recorded Deed is a real estate transaction in the name of the dead not the living ,which effectively is theft, if the man/absentee wasn't declared presumed to be dead by a court action or the surrogate or ordinary. Version:1.0 StartHTML:0000000224 EndHTML:0000008024 StartFragment:0000002892 EndFragment:0000007988 SourceURL:file://localhost/Users/patricia-marybattaglia/Desktop/ordinances%20-%20owner%20means/Tax%20list%20OWNER.doc
Classes of property 1 2, 3A, 3B are defined in 4A as for profit. NJAC (New Jersey Administrative Code)
18:12-2.2 Property classifications with definitions (e) Class 4A: "Commercial properties" means any other type of income-producing property other than property in classes 1, 2, 3A, 3B and those properties included in classes 4B and 4C below. 40:52-9. Definitions
1. As used in this act:
"Licensing authority" means a municipal governing body or, in a municipality which has established a rooming or boarding house site licensing board pursuant to section 10 of this act, the board so established.
"Operator" means any person including for the purposes of this act any corporation or association of persons and any agency or instrumentality of State or local government, which operates or proposes to operate a rooming or boarding house.
"Owner" means the holder of title in fee simple to premises and any lessor or sublessor of whom an operator is or proposes to become a sublessor in coicensed pursuant to P.L.1979, c.496 (C.55:15B-1 et seq.).
"Rooming or boarding house" means a rooming or boarding house licensed pursuant to P.L.1979, c.496 (C.55:13B-1 et al.).
L.1993,c.290,s.1. 40:48-2.12m. Residential rental property; certificate of inspection or occupancy prior to new occupancy; authorization for ordinance
The governing body of a municipality may adopt ordinances regulating the maintenance and condition of any unit of dwelling space, upon the termination of occupancy, in any residential rental property for the purpose of the safety, healthfulness, and upkeep of the structure and the adherence to such other standards of maintenance and condition as are required in the interest of public safety, health and welfare. Such ordinances shall require the owner of any residential rental property, prior to rental or lease involving a new occupancy of any unit of dwelling space in such property, to obtain a certificate of inspection or occupancy for the unit of dwelling space. Such certificate of inspection or occupancy shall be issued by the municipality upon the inspection of the unit of dwelling space by a municipal inspector and his findings that such unit meets the standards provided by law. The municipality may charge a fee to fund the costs of the inspections and the issuance of the certificates. For purposes of this act "owner" means the person who owns, purports to own, or exercises control of any residential rental property.
L.1979, c. 476, s. 1, eff. Feb. 27, 1980.
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