standing fast for liberty. Gal. 5:1
For help and support, call us at (334) 239-8987 or click here to email us.

Words from the Rising Republics



McCay v. Capital Resources Company, LTD. 96-200 S.W.2d 1997
Where appellee apparently never possessed appellants' original note as provided in Ark. Code Ann. 4-3-309(a)(i) (Repl. 1991), but was required, even if it had, to have proven all three factors specified in 4-3-309(a) and did not do so, appellee could not enforce the original note's terms by the use of a copy; even if all three requirements in 4-3-309(a) had been proven, the trial court was still obligated to ensure that appellee provided adequate protection to the appellants from any future claim, and this, too, was not done. First, as previously discussed, we mention the unfairness in these circumstances that, if a duplicate was allowed in place of the original note, the McKays could later be subjected to double liability if the actual holder of the note appeared. Next, we add that the Rules of Evidence are rules of the court involving legal proceedings, while the UCC is composed of statutes of law that established the rights and liabilities of persons. Again, as previously discussed, Capital Resources, as an assignee of the McKays' note, could not sue on the underlying debt the McKays owed to Landmark Savings. For Capital Resources to have prevailed in enforcing the McKays' note, it was required either to produce the original or satisfy the requirements for a lost negotiable instrument under 4-3-309(a) and (b). Because Capital failed to do either, we must reverse and remand. Mortgage Securities Inc. v. Hartley Lord. No. 4D02-4051. July 23, 2003 Mortgagee by assignment brought foreclosure action. The Circuit Court, 15th Judicial Circuit, Palm Beach County, Edward Fine and John Wessel, JJ., entered summary judgment for mortgagor. Mortgagee appealed. The District Court of Appeal, Stone, J., held that mortgagee could not maintain cause of action to enforce missing promissory note or foreclose mortgage, in absence of proof that mortgagee or assignor ever had possession of note. Lorraine C. Tillman v. Virginia Savage Smith (07/25/85)
The purpose of the section is well expressed by commentator Carl W. Ehrhardt as follows: [21] The drafters of the Code excluded from the general rule of admissibility of duplicates these documents because the possessor of the documents is the owner of the obligation that they represent and the party who may bring a cause of action based on the document. Therefore, the person who possesses the duplicate may not possess the cause of action. For example, if A makes a xerox copy of a promissory note and subsequently negotiates the original to B, under section 90.953(1), A, the transferor, is not able to sue on the xerox copy of the promissory note. [22] Ehrhardt, Florida Evidence § 953.1 (2d ed. 1984). See also Lowery v. State, 402 So.2d 1287 (Fla. 5th DCA 1981). To fall under section 90.953(1), the agreement would have not only to evidence a right to the payment of money, but be "of a type that is transferred by delivery in the ordinary course of business with any necessary endorsement or assignment" (emphasis added).
Mason v. Rubin, 727 So.2d 283, 37 UCC Rep.Serv.2d 1087 (Fla.App. Dist.4 02/10/1999)
Establishing a lost negotiable instrument is governed by a different statute, section 673.3091, Florida Statutes (1993). The latter statute contains more stringent requirements than the former, and the trial court correctly concluded that the husband did not satisfy section 673.3091
Figueredo v. Bank Espirito Santo No. 88-1808.Jan. 31, 1989. FL Third District.
The plaintiff failed to produce for admission into evidence the original copy of a negotiable promissory instrument as is expressly required by section 90.953(1), Florida Statutes (1987). For this reason, the final judgment of foreclosure is vacated with directions for the trial court to receive the original promissory note in evidence
Promissory Note Cases Page 2 of 3
SMS Financial LLc. v. Abco Homes, Inc. No.98-50117 February 18, 1999 (167 F. 3d. 235; 5th Circuit Court of Appeals.)
Where the complaining party can not prove the existence of the note, then there is no note. To recover on a promissory note, the plaintiff must prove: (1) the existence of the note in question; (2) that the party sued signed the note; (3) that the plaintiff is the owner or holder of the note; and (4) that a certain balance is due and owing on the note. Since no one is able to produce the “instrument” there is no competent evidence before the Court that any party is the holder of the alleged note or the true holder in due course. New Jersey common law dictates that the plaintiff prove the existence of the alleged note in question, prove that the party sued signed the alleged note, prove that the plaintiff is the owner and holder of the alleged note, and prove that certain balance is due and owing on any alleged note. Federal Circuit Courts have ruled that the only way to prove the perfection of any security is by actual possession of the security. See; Matter of Staff Mortg. & Inv. Corp., 550 F.2d 1228 (9th Cir 1977), “Under the Uniform Commercial Code, the only notice sufficient to inform all interested parties that a security interest in instruments has been perfected is actual possession by the secured party, his agent or bailee.” Bankruptcy Courts have followed the Uniform Commercial Code. In Re Investors & Lenders, Ltd. 165 B.R. 389 (Bkrtcy.D.N.J.1994), Unequivocally the Court’s rule is that in order to prove the “instrument”, possession is mandatory. In addition to the note, another element of proof is necessary – an accounting that is signed and dated by the person responsible for the account. Claim of damages, to be admissible as evidence, must incorporate records such as a general ledger and accounting of an alleged unpaid promissory note, the person responsible for preparing and maintaining the account general ledger must provide a complete accounting which must be sworn to and dated by the person who maintained the ledger. See Pacific Concrete F.C.U. V. Kauanoe, 62 Haw. 334, 614 P.2d 936 (1980), GE Capital Hawaii, Inc. v. Yonenaka 25 P.3d 807, 96 Hawaii 32, (Hawaii App 2001), Fooks v. Norwich Housing Authority 28 Conn. L. Rptr. 371, (Conn. Super.2000), and Town of Brookfield v. Candlewood Shores Estates, Inc. 513 A.2d 1218, 201 Conn.1 (1986). See § 90.953, West's Fla. Stat. Annot. (1979) (Sponsor's Note); C. Ehrhardt, Florida Evidence § 953.1, at 605 & n.5; Lowery v. State, 402 So.2d 1287, 1288-89 (Fla. 5th DCA 1981). 90.953(1),
Florida Statutes, is misplaced. The purpose of that subsection is to require production of the original where there is an action on a negotiable instrument. In such instances, the original instrument must be brought forward both to demonstrate the right to payment and to preclude the possibility that the instrument has already been negotiated.
[11] State Street sought to establish the promissory note and mortgage under section 71.011, Florida Statutes. State Street alleged that Hartley executed the note and mortgage and that, after multiple assignments, the documents were assigned to State Street by EMC Mortgage Corporation. Although State Street alleged in its pleading that the original documents were received by it, the record established that State Street never had possession of the original note and, further, that its assignor, EMC, never had possession of the note and, thus, was not able to transfer the original note to State Street. [12] The trial court correctly concluded that as State Street never had actual or constructive possession of the promissory note, State Street could not, as a matter of law, maintain a cause of action to enforce the note or foreclose the mortgage. The right to enforce the lost instrument was not properly assigned where neither State Street nor its predecessor in interest possessed the note and did not otherwise satisfy the requirements of section 673.3091, Florida Statutes, at the time of the assignment. See Slizyk v.
Promissory Note Cases Page 3 of 3
Smilack, 825 So. 2d 428, 430 (Fla. 4th DCA 2002). In Mason v. Rubin, 727 So. 2d 283 (Fla. 4th DCA 1999), the appellant brought a foreclosure action on a second mortgage, the trial court denied the foreclosure, and this court affirmed on the basis that the appellant had failed to establish the lost note under section 673.3091. Likewise, here, where State Street failed to comply with section 673.3091, the trial court correctly entered summary judgment denying its foreclosure claim. *fn1 In contrast, here, the undisputed evidence was that EMC, the assignor, never had possession of the notes and, thus, could not enforce the note under section 673.3091 governing lost notes. Because EMC could not enforce the lost note under section 673.3091, it had no power of enforcement which it could assign to State Street. Raymond E. Shores and Marcene G. Shores v. First Florida Resource Corporation (10/11/72) Appellants are entitled to assurance that they will not later be sued by a holder of these instruments…. If there are parties having any claim to these instruments they should be brought into the action and the matter determined. The instruments should then be reestablished, recorded and an appropriate judgment entered.



WE, the Stupid

The war started in the 7th century and lasted through the 17th. I would contend it never stopped but historically the facts below are correct. This is why I choke when I hear someone say we will defeat or contain these Islamic terrorists in a few years or even 30 years as recently stated by Leon Panetta.

If the latest batch of murders, beheadings, and killing of thousands of innocent Christians has shocked you, maybe you should read this compilation of historical facts about the hatred of Muslim terrorism worldwide and why even Syrian Muslims are fleeing by the 100,000s into European countries {and now trying to reach Germany which is foolish enough to let them into their country} to escape being murdered by Muslim terrorists. The Muslim terrorists, in the name of Islam, have murdered Christians and others by the millions. Why? Because {they say} the Qur'an tells them to kill ALL infidels. If you are not Muslim — that's you! You'd better think about that because centuries of history proves it's true. Ignorant people, most of whom have not bothered to read the Qur'an, say that this is a misinterpretation of the Qur'an and ignore the millions who have been murdered by the Muslims and who are, at this moment, murdering thousands of Christians in the Middle East. By-the-way, If you are not Muslim, these murdering Muslim terrorists would absolutely murder YOU, given the chance! These Muslims even bomb and murder their oiwn Muslim citizens daily! Why? Who knows. Muslims intend to control and convert the entire world to Islam, under Shar'iah Law, by whatever means necessary {force} and only ignorant fools believe otherwise. Another fact: Obama is arranging to immigrate thousands more Muslims into the USA. He plans to place them in groups all over the USA in cooperation with NATO. That's in addition to the thousands which are already here and practicing Islam in the over 2000 mosques currently established here. That's and increase of 76% of Muslim mosques in the past decade in America! Islam is now the 4th. largest religion in the USA! Obama and his Muslim appointed advisers weren't kidding when he said America was not a Christian nation. He firmly intends to make it happen! How long do you think it will be before the push for Shar'iah Law will begin? It's already started in Michigan and New York! Better think about this at voting time in 2016. Better wake-up America—

WE, the stupid . . .

This is all factually (and historically) correct - and verifiable:

In 732 AD the Muslim Army which was moving on Paris was defeated and turned back at Tours, France, by Charles Martell.

In 1571 AD the Muslim Army/ Navy was defeated by the Italians and Austrians as they tried to cross the Mediterranean to attack southern Europe in the Battle of Lapanto.

In 1683 AD the Turkish Muslim Army, attacking Eastern Europe, was finally defeated in the Battle of Vienna by German and Polish Christian Armies.

...this crap has been going on for 1,400 years and half of the politicians don't even know about it.

If these battles had not been won we might be speaking Arabic and Christianity could be non-existent; Judaism certainly would be...

And let us not forget that Hitler was an admirer of Islam, and that the Mufti of Jerusalem was Hitler's guest in Berlin and raised Bosnian Muslim SS Divisions: the 13th and 21st Waffen SS Divisions who killed Jews, Russians, Gypsies, and any other "subhumans".

Reflecting :

A lot of Americans have become so insulated from reality that they imagine that America can suffer defeat without any inconvenience to themselves.

Pause a moment, reflect back. These events are actual events from history.

They really happened! Do you remember?

1.   In 1968, Bobby Kennedy was shot and killed by a Muslim male.

2.   In 1972 at the Munich Olympics, athletes were kidnapped and massacred by Muslim males.

3.   In 1972 a Pan Am 747 was hijacked and eventually diverted to Cairo where a fuse was lit on final approach. It was blown up shortly after landing by Muslim males.

4.   In 1973 a Pan Am 707 was destroyed in Rome, with 33 people killed, when it was attacked with grenades by Muslim males.

5.   In 1979, the US embassy in Iran was taken over by Muslim males.

6.   During the 1980's a number of Americans were kidnapped in Lebanon by Muslim males.

7.   In 1983, the US Marine barracks in Beirut was blown up by Muslim males.

8.   In 1985, the cruise ship Achille Lauro was hijacked and a 70 year old American passenger was murdered and thrown overboard in his wheelchair by Muslim males.

9.   In 1985, TWA flight 847 was hijacked at Athens, and a US Navy diver trying to rescue passengers was murdered by Muslim males.

10. In 1988, Pan Am Flight 103 was bombed by Muslim males.

11. In 1993, the World Trade Center was bombed the first time by Muslim males.

12. In 1998, the US embassies in Kenya and Tanzania were bombed by Muslim males.

13. On 9/11/01, four airliners were hijacked; two were used as missiles to take down the World Trade Centers and of the remaining two, one crashed into the US Pentagon. The other was diverted and crashed by the passengers. Thousands of people were killed by Muslim males.

14. In 2002, the United States fought a war in Afghanistan against Muslim males.

15. In 2002, reporter Daniel Pearl was kidnapped and beheaded by--- you guessed it---it was a Muslim male. (plus two other American journalists were just beheaded)

16.   In 2013, Boston Marathon Bombing 4 Innocent people including a child killed, 264 injured by Muslim males.

No, I really don't see a pattern here to justify profiling, do you?

So, to ensure we Americans never offend anyone, particularly fanatics intent on killing us, airport security screeners will no longer be allowed to profile certain people.

So, ask yourself "Just how stupid are we?"

Absolutely No Profiling!

They must conduct random searches of 80-year-old women, little kids, airline pilots with proper identification, secret agents who are members of the President's security detail, 85-year old, Congressmen with metal hips, and Medal of Honor winner and former Governor Joe Foss (and a retired Air Force Chief Master Sergeant with a cast on his leg), but leave Muslim males, alone lest they be guilty of profiling.

Ask yourself "Just how stupid are we?" Have the American people completely lost their minds or just lost their Power of Reason?

Let's send this to as many people as we can so that the Gloria Alreds and other stupid attorneys, along with Federal Justices, that want to thwart common sense, may feel ashamed of themselves -- if they have any such sense.

As the writer of the award winning story 'Forrest Gump' so aptly put it, 'Stupid Is As Stupid Does' .

Each opportunity that you have to send this to a friend or media outlet... do it !


WAKE UP AMERICA! Wake up Canada! Wake up Britain! Wake up Australia! Wake up Belgium! Wake up France!! Wake up Germany! Wake up WORLD!!!

Wake up World.

Andy Rooney observation


Andy Rooney said on "60 Minutes" a few weeks back:

I don't think being a minority makes you a victim of anything except
numbers. The only things I can think of that are truly discriminatory are things
like the United Negro College Fund, Jet Magazine, Black Entertainment
Television, and Miss Black America. Try to have things like the United Caucasian
College Fund, Cloud Magazine, White Entertainment Television, or Miss White
America; and see what happens...Jesse Jackson will be knocking down your door.

Guns do not make you a killer. I think killing makes you a killer. You can
kill someone with a baseball bat or a car, but no one is trying to ban you
from driving to the ball game.

I believe they are called the Boy Scouts for a reason, that is why there are
no girls allowed. Girls belong in the Girl Scouts! ARE YOU LISTENING MARTHA

I think that if you feel homosexuality is wrong, it is not a phobia, it is
an opinion.

I have the right "NOT" to be tolerant of others because they are different,
weird, or tick me off.

When 70% of the people who get arrested are black, in cities where 70% of
the population is black, that is not racial profiling, it is the Law of

I believe that if you are selling me a milkshake, a pack of cigarettes, a
newspaper or a hotel room, you must do it in English! As a matter of fact, if
you want to be an American citizen, you should have to speak English!

My father and grandfather didn't die in vain so you can leave the countries
you were born in to come over and disrespect ours.

I think the police should have every right to shoot your sorry ass if you
threaten them after they tell you to stop. If you can't understand the word
"freeze" or "stop" in English, see the above lines.

I don't think just because you were not born in this country, you are
qualified for any special loan programs, government sponsored bank loans or tax
breaks, etc., so you can open a hotel, coffee shop, trinket store, or any other

We did not go to the aid of certain foreign countries and risk our lives in
wars to defend their freedoms, so that decades later they could come over
here and tell us our constitution is a living document; and open to their

I don't hate the rich. I don't pity the poor.

I know pro wrestling is fake, but so are movies and television. That doesn't
stop you from watching them.

I think Bill Gates has every right to keep every penny he made and continue
to make more. If it ticks you off, go and invent the next operating system
that's better, and put your name on the building.

It doesn't take a whole village to raise a child right, but it does take a
parent to stand up to the kid; and smack their little behinds when necessary,
and say "NO!" I think tattoos and piercing are fine if you want them, but please don't
pretend they are a political statement. And, please, stay home until that new
lip ring heals. I don't want to look at your ugly infected mouth as you serve
me French fries!

I am sick of "Political Correctness." I know a lot of black people, and not
a single one of them was born in Africa; so how can they be
"African-Americans"? Besides, Africa is a continent. I don't go around saying I am a
European-American because my great, great, great, great, great, great grandfather was
from Europe. I am proud to be from America and nowhere else

It is said that 86% of Americans believe in God. Therefore I have a very hard time
understanding why there is such a problem in having "In God We Trust" on our money
and having "God" in the Pledge of Allegiance. Why don't we just tell the 14%
to Shut Up and BE QUIET!!!

Angel Replacement with the redeemed

“When plunder becomes a way of life

For a group of men,

They create for themselves

In the course of time

A legal system that authorizes it

And a moral code that glorifies it.”

Federic Bastiat “The Law” 1850


“It can fairly be said that

The chain of catastrophic bets

Made over the past decade

By a few hundred bankers

May well turn out to be the

Greatest non-violent crime

Against humanity in history”

Mr. Potter, Vanity Fair Magazine


Download tunein radio app from app store, its free

Search for Freedom Yell Radio

Listen live anytime anywhere

Hear on itunes is address for Freedom Yell Radio

use same address for Winamp



The mission of Freedom Yell is to identify the two positions: The natural man and the spiritual man. One is bondage and the other freedom. Freedom Yell shows the path to freedom.

1 Corinthians 2:14King James Version (KJV)

14 But the natural man receiveth not the things of the Spirit of God: for they are foolishness unto him: neither can he know them, because they are spiritually discerned.

Genesis 4:14King James Version (KJV)

14 Behold, thou hast driven me out this day from the face of the earth; and from thy face shall I be hid; and I shall be a fugitive and a vagabond in the earth; and it shall come to pass, that every one that findeth me shall slay me.

John 3:18King James Version (KJV)

18 He that believeth on him is not condemned: but he that believeth not is condemned already, because he hath not believed in the name of the only begotten Son of God.

John 3:36King James Version (KJV)

36 He that believeth on the Son hath everlasting life: and he that believeth not the Son shall not see life; but the wrath of God abideth on him.

1 John 5:12King James Version (KJV)

12 He that hath the Son hath life; and he that hath not the Son of God hath not life.

John 16:9King James Version (KJV)

Of sin, because they believe not on me;


Galatians 5:1King James Version (KJV)

5 Stand fast therefore in the liberty wherewith Christ hath made us free, and be not entangled again with the yoke of bondage.

1 Peter 2:11King James Version (KJV)

11 Dearly beloved, I beseech you as strangers and pilgrims, abstain from fleshly lusts, which war against the soul;

Hebrews 11:13King James Version (KJV)

13 These all died in faith, not having received the promises, but having seen them afar off, and were persuaded of them, and embraced them, and confessed that they were strangers and pilgrims on the earth.

Acts 20:24King James Version (KJV)

24 But none of these things move me, neither count I my life dear unto myself, so that I might finish my course with joy, and the ministry, which I have received of the Lord Jesus, to testify the gospel of the grace of God.

Romans 10:9-10King James Version (KJV)

That if thou shalt confess with thy mouth the Lord Jesus, and shalt believe in thine heart that God hath raised him from the dead, thou shalt be saved.

10 For with the heart man believeth unto righteousness; and with the mouth confession is made unto salvation.

1 Corinthians 15:1-5King James Version (KJV)

15 Moreover, brethren, I declare unto you the gospel which I preached unto you, which also ye have received, and wherein ye stand;

By which also ye are saved, if ye keep in memory what I preached unto you, unless ye have believed in vain.

For I delivered unto you first of all that which I also received, how that Christ died for our sins according to the scriptures;

And that he was buried, and that he rose again the third day according to the scriptures:

And that he was seen of Cephas, then of the twelve:

Ephesians 2:19King James Version (KJV)

19 Now therefore ye are no more strangers and foreigners, but fellowcitizens with the saints, and of the household of God;

Revelation 1:6King James Version (KJV)

And hath made us kings and priests unto God and his Father; to him be glory and dominion for ever and ever. Amen.


Bride of Christ, Member of His Body

Body is the Temple of the Holy Spirit

Heir of eternal glory, Joint heir with Christ




The bank or mortgage company must show the original promissory note in court, or the mortgagor owes nothing and the mortgage has no validity.  A copy of the promissory note, like a copy of a $100 Federal Reserve Note, has zero validity. Wells Fargo does not disperse original documents. No debt.

15 USC Chapter 41 (Sections 1601-1667z) - TILA (Consumer protection through Truth in Lending Act)

Mortgages must comply with TILA and laws governing mortgages.  Errors in your mortgage documents, or a missing promissory note, can justify rescission and possibly criminal complaints against the mortgage company, realtor, and title company involved with the mortgage, depending on circumstances.  Typically, upon discovering errors, one would write a notice of rescission to the mortgagee.  I no rebuttal arrives back within 20 days, one may file a Quieting Title action (Florida Statutes chapter 65).  In this action, the plaintiff would serve every party having a lien registered in the courthouse against the mortgaged property or the plaintiff.  They get one chance to prove their claim in court.  They do so by showing the original promissory note (which most mortgage companies do not possess) and by showing how the mortgage document complied with laws (if the court will allow it in spite of the estoppel raised by the rescission notice).

If the mortgagee or holder in due course or holder for value does not present the original Promissory Note in court, and instead files an affidavit of lost note, then the discovery process might need to include deposition of members of the bank/mortgage company so as to prove that they did not lose the note at all, but rather securitized and sold it as part of a securities package.  Florida's 6th Circuit requires the original note for all foreclosure actions. Claiming that a copy of a promissory note has validity amounts to a similar claim that a copy of a $100 bill has validity.  Neither constitutes evidence of the debt, and neither has the properties of a "negotiable instrument" under UCC Article III. The same principle should apply to all Quieting Title actions.

We should all realize by now that a promissory note has the nature of a Federal Reserve Note (like a $1000 bill, for example, rare though they are). Both, being negotiable instruments, are like money, and one can spend them the way they spend money, except that the recipient does not have to accept the promissory note because it is not "legal tender for debts."  If the holder LOSES THE NOTE, the DEBT NO LONGER EXISTS and YOU DON"T HAVE TO PAY IT, just as if you LOSE YOUR $1000 bill, you NO LONGER MAY SPEND THAT MONEY.  That is because the note IS the debt (not just evidence of it), just as the $1000 bill IS the money (for all practical purposes).