MEMORANDUM OF LAW

Valid Signatures Must Attach Bonafide Instruments to Have Legal Force

Statement of Issue

Does an unsigned computer generated icon on a purported instrument from the government  have any force or affect in law? In the opinion of this litigant, the answer is “NO!”

Critical Issue

For an agreement or a contract to be valid, both parties to the agreement must fully disclose all of the facts relevant to the transaction. Without full disclosure WE have no way to competently authenticate by validation all of the terms of the agreement.

The indication that a  signator has “authenticated” by attestation, all of the terms of an agreement, is evidenced by his SIGNATURE. There are actually two (2) elements or attributes of a signature. Most people only have comprehension of one element or attribute: a particular scratching pattern, etching, or style of mechanical writing peculiar to a certain individual, made with pen and ink on paper.

Here is the most important attribute of  a signature: When a signature is affixed to a promissory note, the signer is normally required to state a variety of private information. It is quite common for the signer-in-waiting to volunteer an address, phone number, social insecurity number and other information. At the bottom of the agreement is a line where the signer applies his “Signature.”

Before the word “signature,” is used again, a short review of the legal definition of signature, as well as some other definitions that are relevant to initiating an agreement or contract meeting the stipulations of laws intended to protect the rights of the parties to the agreement in the eyes of the law/courts.

Important Definitions

Signature:

1. A person’s name or mark written by that person or at the person’s direction.
2. Commercial law. Any name, mark, or writing used with the intention of authenticating a document. UCC §§ 1-201(37),* 3-401(b).** (Black’s Law Dictionary, 7th Edition)
3. Real, living, breathing people supply “non-negotiable” autographs; government persons supply signatures to authenticate documents.

UCC § 1-201(37).
“Signed” includes any symbol executed or adopted by a party with present intention to authenticate a writing.

UCC § 3-401(b).
A signature may be made
(i) manually or by means of a device or machine, and
(ii) by the use of any name, including a trade or assumed name, or by a word, mark, or symbol executed or adopted by a person with present intention to authenticate a writing.

Signatory

A party that signs a document, personally or through an agent, and thereby becomes a party to an agreement.

Signature.

By signature is understood the act of putting down a man’s name, at the end of an instrument, to attest its validity. The name thus written is also called a signature. Vide to Sign. Bouvier’s Law Dictionary, Revised 6th Ed (1856).

The generally accepted legal definition of signature is very broad:

“[t]he act of putting one’s name on the end of any instrument to attest its validity; the name thus written.” (Black’s Law Dictionary p. 1381(6th ed. 1990) (BLD6-1381)).

See also Webster’s New International Dictionary (2d ed. 1934) (defining signature as “the name of any person, written with his own hand to signify that the writing which precedes accords with his wishes or intentions”).

Attestation:

The act of attesting; testimony; witness; a solemn or official declaration, verbal or written, in support of a fact; evidence. The truth appears from the attestation of witnesses, or of the proper officer. The subscription of a name to a writing as a witness, is an attestation. [1913 Webster]

Authentic:

Authentic means genuine; true; real; pure; reliable; trustworthy; having the character and authority of an original; duly vested with all necessary formalities and legally attested. Competent, credible, and reliable as evidence. (BLD6-132).

Authentication:

Authentication of a writing means (a) the introduction of evidence sufficient to sustain a finding that it is the writing that the proponent of the evidence claims it is or (b) the establishment of such facts by any other means provided by law. (BLD6-132).

Intention:

Determination to act in a certain way or to do a certain thing. Meaning; will; purpose; design. “Intention,” when used with reference to the construction of wills and other documents, means the sense and meaning of it, as gathered from the words used therein. (BLD6-810).

Verification:

Confirmation of correctness, truth, or authenticity, by affidavit, oath, or deposition. Affidavit of truth of matter stated and object of verification is to assure good faith in averments or statements of party. (BLD6-1561).

It appears that very effort imaginable is being made by those operating the banking industry t0 disconnect the individual from the notion that a “SIGNATURE” attests to the validity and authenticity of all the terms of whatever it is that you are signing. This is so, because a flesh-and-blood individual is a living soul, and his signature represents, among other things, the individuals intentions either/or his informed consent to the terms of the writing.

It appears that many in the legal field haggle for a narrow meaning of the term “signature,” as a “a particular scratching pattern, etching, or style of mechanical writing.”

But, a signature is much more. A “Signature” indicates that the signer agrees that the matters committed to a writing are within his wishes based on the good faith of both parties.

The concept of “within his wishes,” is a VERY important issue. If someone has ‘forced’ a living soul  to sign, or used “false representations” of the facts relevant to an agreement, or has deliberately withheld facts relevant to the agreement, the signer cannot be held liable for the matter if it can be proven that the party taking the unfair advantage, has acted in bad faith with deceitful, narcisstic intentions.

The Power of a “Signature”:

First, It boldly states that the signer has consented to the full terms of the agreement, and becomes a party to that agreement. By doing so, the full stipulations (if any) as to how matters of conflict and dispute are treated apply; these administrative or remedial solutions are not always handled through standard court proceedings.

Second, many credit applications have a stipulation or inclusion, that by applying a “Signature,” ALL of the information provided to be reviewed for “credit worthiness” is true, complete, and certain. (or “The Truth, The whole Truth, and nothing but the Truth”). In essence a swearing that the individual providing the information has NOT lied, deceived, or entered into the agreement with any preconceived intent to commit any fraud or other nefarious means.

Usually, there is really NOTHING in these so-called “agreements” that holds the alleged creditor liable if THEY were to commit a fraud or other nefarious acts. That is because the signer has the free-will to EXIT the agreement if it can be proven that the alleged creditor (the bank) has not acted in good faith. However, most of these contracts are written by banks or the government exclusively for the advantage of the originator of the contract.

True to the criminal aspects of their “business,” the bank’s representative(s) will never discuss the signer’s options if he senses that the bank has committed wrong-doing with respect to the transaction: this is no accident.

Third, in relation to the claimed “loan,” and the “agreement,” the signature is the origin and the beginning of the ‘promise-to-pay’ creation process.

Fourth, in relation to bank “loans” with the application of the signature to the promissory note, without full disclosure, the signer has unwittingly participated in a scheme to create money out of thin air. The NEW obligation created the PRINCIPAL, just not the interest money that is allegedly owed.

The fundamental principle on signatures is this:  A signature that was provided pursuant to false representations, fraud, is voidable upon discovery of the fraud perpetrated in order to acquire the signature.

A ‘hand writing analysis’ can only determine that a signature is a particular scratching pattern, etching, or style of mechanical writing peculiar to a certain individual. No inference as to the intent of the signer, or the circumstances under which the signature was acquired can be determined by a “hand writing expert.” To trap a man into a contract by virtue of etching despite lack of full disclosure as to the origin of funds in a loan is entrapment and constructive fraud.

A “signature,” (particular scratching pattern, etching, style, etc.), is NOT the key factor in a signature; Rather, FULLY INFORMED CONSENT and good faith belief is the most important element signified by a “signature,” and that issue has significant intrinsic value with respect to the fraud perpetrated by the “money interests”.

Teste Meipso: With Christ as my witness, the above brief is true and correct to the best of my knowledge, information, and belief.

Submitted this ________ day of __________ in the year of the appearing of His Majesty, the Lord Jesus Christ, _____________.

_______________________

His Majesty’s Servant,