The Security Agreement Gives one a superior claim against the Secured Debtor?

by | May 7, 2024 | 2008, Q&A | 0 comments

Q:The SA gives you, the agent for the SP, a superior
claim over the SD thereby removing you as Surety for
the Strawman.
A: Not necessarily IF someone else has filed and or
perfected their claim first. Otherwise yes. Now I ask
you if you are the agent for the strawman and the
strawman is a corporation owned by the state, who are
you really working for and if you answer 'the State'
then do you not see that as a problem? It begs another
solution ;-).
Q: The only way you can rebut their presumption
that you are surety is to notice them with the FS; yet
you cannot operate in commerce so the strawman
operates for you and files the FS. So, it is the SP
which files the claim against the SD.
A: As above yes the SP files against the SD but only in
accordance to the terms within the SA. However the SP
is not the SD (the strawman).
Q: Now, any charge against the SD can be discharged by
you, the third party of interest, who now has a
superior claim over all rights, titles, and interests
of the Strawman. The problem the registries have in
filing these claims is that the SD and SP appear to be
the same entity since both are in upper case. So, be
creative: come up with different spellings, or women
can use a maiden name claiming the married name, or
list minor children first in order to distract them
from noticing that the SP is also listed amongst the
Debtors. If they reject the filing remember who you
are. They are my servants (they work for you), and all
you have to do is give them notice that the document is
registered with the post. Keep the record showing they
received it. Even though it will not be registered if
it is rejected, it only needs to be recorded to be in
effect."
I'm curious about the specific reference to the secured
party being the strawman as well. Can you clarify?
Please respond asap so we can get going.
A: Agree with you I am very curious as to the source -
I understand the logic yet it appears to me to be
deceptive. The SA by its very act seperates the secured
party - you - from the strawman and defines the role of
both parties. It is on that basis that you the SA file
against the SD and yes you do need to distinguish the
SP from the SD and there are challenges but it can be
done.

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