Response to Noah’s Statement of Defense

Hello, Noah,

It is clear that despite the condescending tone of Your Email, You have taken considerable time to prepare an excuse for Your criminal Actions for threatening to steal My father’s home under Power of Sale if I did not comply with Your specific demands for payment in thirty days.

You are correct, I am not a lawyer, I am a King. It is a legal title, too, and I thought We had covered off on those details as these were the terms by which You agreed to do business with Me in the first place. My intent was to make sure We were both clear on that fact before We entered into negotiations because it affords Me special rights and priviledges I figured You would be aware of because You are a lawyer and I expect You should know The Rule of Law is Superior to the Ontario Estates Act, the Bills of Exchange Act, the Mortgage Act of Ontario, or any other commercial code or statute. No code, statute or act has the force of Law to trespass upon an inherent right. That is the Rule of Law.

The law of contract is also legally and lawfully binding, and it is presumed that every unrebutted claim I have made in My correspondences with You has been accepted as Truth and Fact by both parties. This is the customary Way to do business in a Common Law country.

I am in a Common Law Jurisdiction exercising My Common Law rights. No code, statute, act or any other commercial fiction has the force of Law to trespass upon My inherent rights. Once You understand this, You Will understand why You are in default, despite Your countless, meaningless points which I Will cover over with You now.

1. Standing – you are not the mortgagor (borrower).  Your late father was.  Your father’s estate is responsible for the debt.  Since you do not have a certificate of appointment of estate trustee issued by a court, you are not even entitled to notice.  Us communicating with you was an accommodation and a courtesy.  It is not your right to have your father’s lands as I understand you have at least one sibling.  Under Canadian law, she is also a beneficiary.  There may be other beneficiaries.  It is not, therefore, your sole inheritance to have your father’s lands. 

We are in a Common Law Jurisdiction. My father has no surviving siblings or parents, his next of kin are Me, My brother and My sister. I have made a Public Claim of Right to this Estate as the rightful heir to My father’s Kingdom in a Common Law Jurisdiction. It Stands as Fact until another individual produces a Superior Claim of right to My father’s Estate. Furthermore, You already consented to these FACTS in previous Emails that set up the rest of Our correspondences. To refresh Your memory:

“We are writing to inquire as to the status of the application for appointment of estate trustee in your father’s estate as mentioned in your email below.  Has the Notice of Appointment been issued with the court?  Please provide our office with a copy of the Notice of Appointment and we will prepare a Discharge Statement for you so that the default under the mortgage can be rectified and the mortgage can be paid out.

Thank you,

Laraine”

I’m not going to share My entire reply, just some Key points that were made by Me that We are presumed to have agreed upon as being ‘Fact’ for Our future Email correspondences. The entire purpose of letting You know these facts, was so that You could not claim ignorance later and to be fully open and honest with You from the start.

“Please be advised that I am not “Mr. Von Dehn”, and I take exception to being addressed as such as it represents an incorporated person and I am a not for profit Spiritual entity.  I am also the legal and lawful private attorney and Living Will of the incorporated person created by the state, Commonly known as ‘Sean von Dehn’.  My belief is that the House of von Dehn holds the Superior Claim of right to My father, ‘JOACHIM VON DEHN”s estate, as I am a Living product of his estate.”

“All that is important at this time, is that You have it on Record that I, King Sean, House of von Dehn, Hand of Stephen, Kingdom of God, the next of kin, eldest son and rightful Heir to My Father’s Estate, is hereby accepting for Honour any and all debts left behind by My Father, Joachim, House of von Dehn.”

(Including the mortgage debt to National Bank of Canada).

So, I don’t believe You or anyone else on this planet has the right to tell Me My father’s Estate is not rightfully mine, or that I have no ‘Standing’ in this Matter. It is also presumed by Your silence that You have conceded on this point and have accepted that I am the rightful heir to My father’s estate, so to continue to move forward under the presumption YOU believe I have no standing when You have by Way of Email acknowledged that I am the rightful heir and allowed Me to believe You know this to be True also, is to enter with ill intent and fraud because You are not Honouring Your contract with Me if You are not disputing these points. You are entering into negotiations under false pretenses – this is fraud in Your contract if You dispute this point now. These Emails were the precedence that prompted You to forward the documents to Me, so it is presumed You have consented on all these points or You are being Willfully deceptive.

I am a Man of God Acting in full faith and credit of the law, I have much Higher Standing than You if You Wish to discuss this Matter and Your belief in Your right to trespass upon My God Given rights in any Common Law Court (du Jure).

Noah’s first point does not provide any lawful excuse for making performance demands of Me under threat of Power of Sale for failing to perform when I had no pre-existing contract with them and was coming to them in Honour so the mortgage could be paid out in Honour (and in accordance with My father’s tenure, if that needs to be specified – at no point did I say I Wish to allow Noah S. Potechin to demand funds from Me in any Way he Wishes on any day of his choosing by whichever method he Wishes to accept or I Will forfeit My Claim of right on My father’s property. My interest in the property is roughtly $150,000.00 – $200,000.00, Your interest in the property is just over $54,000.00, so I would suggest I have more Interest in this Matter than the bank does, and therefor greater Standing.

2) Title – title to the lands are still in your father’s name.  Not National Bank.  My client has a mortgage on the property.  It has not taken title.  If you want to change title from your father’s name to your name, it is very simple.  You go get a certificate of appointment of estate trustee.  Then you can take title to the land.  National Bank has no interest in taking the title to your father’s lands.

Well, this is a nice point and I’m not really sure what the relevance is except that selling the land under power of sale would convey title to someone else who is not the rightful heir to My father’s Estate. This statement does not Give You the right to threaten Me and My family with demands I was never obliged to fulfill for accepting My father’s mortgage debt for Honour, nor does it explain Your excuse for refusing to accept lawful payment – but I’ll get to that in a bit.

3) Law – You keep referring to the incorrect, and inapplicable laws.  Mortgages in Ontario are governed by the Mortgages Act.  Not the Bills of Exchanges Act.  No other law applies, as the property is in Ontario and the rights being exercised are found in the Mortgages Act or in the terms of the mortgage itself.  

And pray do tell, what jurisdiction does the Mortgages Act of Ontario cover? Persons and mortgages in Ontario? What about international People? What about international Law? I believe that even the mortgage Act of Ontario is bound to Act in compliance with Canada’s provincial and federal laws. My inherent rights are legally protected federally in Canada, which means these laws apply in every province and territory, too. Once again, the National Laws governing the inherent rights of Canada’s People can be found here – legally and lawfully BINDING in Canada’s Courts since 1976.

https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx

Once again, these inherent (God Given) rights are legally protected in Canada. This means that no code, statute or act has the force of law to trespass upon these legally protected rights, and that includes the mortgage act of Ontario. Trespassing upon these rights is a form of harm, known as a ‘tort’. You are trespassing upon My right to freely dispose of My natural wealth without prejudice and You have yet to provide a lawful excuse for doing so. So Your third point here is mute.

Furthermore, I do actually Wish to say one more thing because I believe that saying or even suggesting that ‘the Bills of Exchange Act’ does not apply here is ludicrous and insane. The Bills of Exchange Act applies to any commercial instrument!!! So it most definitely applies to mortgage contracts and Your attempt to contract with Me under threat of seizure of property (which is not legally binding because You made a threat (under duress) You did not have any right to make as I had no pre existing obligation to Your client!!!).

4)  In order to get the money, your father was given a line of credit on the property, secured by the property.  Any money loaned, secured by a property, is a mortgage.  The Agreement is attached, and it is signed by your father.

This one Will be Fun. I thank You for explaining how a mortgage works, that was never in dispute. What is in dispute, is that the agreement I offered to accept are the obligations My father left behind. I made an “ACCEPTANCE FOR HONOUR” on My father’s mortgage, and I don’t believe You know the difference between an ‘acceptance for Honour’ and ‘tell Me to pay You however and whenever You Wish, regardless what My father’s terms and conditions were’.

Once again and hopefully for the final time, an acceptance for Honour is an offer to assume My father’s obligations to Your client exactly as he had agreed to fulfill. An acceptance for Honour does not require Me to pay out the full balance of the mortgage because I am letting the creditor know My father is NOT in default, he is dead. An acceptance for Honour removes the account from default immediately which is why I was so frustrated with You from the beginning. The whole point to this, is to HONOUR MY FATHER’S ORIGINAL OBLIGATIONS as they were at the time of his death. If Your client does not Wish to accept this offer, they cannot move forward with Power of Sale. You cannot refuse to accept fulfillment of the original obligation and demand more in stead under threat of seizure, it is a morally bankrupt concept.

“Conta Bonos Mores” – Against Good Morals, Maxim in Law

4)  In order to get the money, your father was given a line of credit on the property, secured by the property.  Any money loaned, secured by a property, is a mortgage.  The Agreement is attached, and it is signed by your father.

Yes, and the Signed agreement by My father is nothing like the terms and conditions You were attempting to impose upon Me, which is why Your contract is evidence of fraud and extortion for threatening Actions that were never eminent or part of any obligation except Your Will and Wish to receive the money now, rather than receive My Offer of Acceptance for Honour as the Gift to Your client was intended.

6) Please see the attached standard charge terms 200440 which are incorporated into the mortgage and note as follows:

a) s. 1.1 definition of Borrower is the Person or Persons named in the Mortgage Form as mortgagor.  You do not have the right to simply cross out your father’s name and write your own name.  Contracts cannot be unilaterally changed.  

b) s. 2.1 – the Borrower grants a mortgage over the property as security for payment of the debts.  Since the payments are not being made, the mortgage becomes due.  

c) s. 2.6 – the Borrower may remain in possession of the property as long as the Borrower is not in default.  Since the mortgage is in default, your father agreed that National Bank can take possession.  National Bank is not stealing the property.  This was what your father agreed to.

d) s. 2.7 – Discharge of the Mortgage will only occur when the full debt is paid.  The debt remains outstanding.  You have paid nothing towards the debt.  In fact, you have increased the debt because of the legal fees that are being incurred.

e) s 4.1 – payment is to be made upon demand.  Demand has been made.  You cannot assume the ongoing payments as the entire debt has become due and payable. 

f) s. 6.1.c. – One of the promises made by your father was to keep the property in a state of good repair.  The property is not in a state of good repair.  Therefore, there is non-monetary default.

g) s. 8.1 is a list of defaults under the mortgage.  The mortgage is currently in default under the following provisions:  a, c, d, f.

h) s. 9.1 – Upon default your father’s rights cease.  Your father.  Not you.  You have no rights under the Mortgage, as previously set out in 1 above. 

i) s. 9.2 – upon default the bank has the rights set out in this section.  s. 9.2.a. is to demand payment in full for the outstanding debt.  Since default has occurred, this right has been exercised.  Other rights it is exercising under this section are as follows: 

A) d – take legal action

B) e – enter upon the property and take possession

C) f – sell the property to pay the debt

You will note the above have all been agreed to by your father.  The Bank is not doing anything your father did not agree to.  Your father did not have to borrow the money from my client.  He chose to do so.  He knew the terms of the mortgage and continued to do so.

Yes, My father knew the terms of the mortgage and agreed to them. What You fail to understand or comprehend, is that he is no longer in default except by Way of Your ignorance or refusal to receive My Acceptance for Honour. My Offer of Acceptance for Honour immediately restores the account to Honour – that is THE POINT to an Acceptance for HONOUR!!! This is also why You have NO RIGHT to threaten Me with seizure of property for failing to produce anything because the account is not in default except by Your ignorance or refusal to accept My offer, either of which causes Your client to lose their right of recourse. You can’t refuse payment and tell Me You are going to sell the house to get payment – again, ‘Contra Bonos Mores’.

7) In addition to the terms of the mortgage itself, set out above, the Mortgages Act also provides my client with the rights it is exercising.  Under the Mortgages Act, s. 24 provides a statutory power to sell upon default. I will set it out below.  However, essentially, what it states is that when default occurs under the terms of any mortgage, the law grants to all mortgagees the right to sell the property:

Again, the account is no longer in default on an Acceptance for Honour, the point of Your rights regarding default are mute because the account is no longer in default, an Acceptance for Honour is on the public record!!!. The point and purpose of that offer is to restore the account to Honour. If the client does not Wish to have the account restored to Honour, they lose their right of recourse.

Every ‘right’ You allege to have above is ONLY to be exercised in default, which is why YOU NEED TO UNDERSTAND WHAT AN ACCEPTANCE FOR HONOUR IS!!! It restores the account to Good standing, and I take over the terms and conditions of the mortgage, not the terms and conditions of default because it is not in default anymore unless You refuse acceptance of this offer, in which case You lose Your right of recourse. I don’t even need a bills of exchange act because that should be common sense and that’s what the Common Law is.

As you can see, you led us to believe that you would be paying the funds by way of certified cheque or bank draft.  On November 6, when the envelope arrived, there was no certified cheque or bank draft.  Instead, you wrote on my discharge statement and applied your thumb print as though it has the same value as money.  That is not accepted by any Bank.  The mortgage became due and payable by actual funds.  Your thumb print is not acceptable.

This is actually My favourite part of Your ‘rebuttal’ because You are dead wrong and it’s so easy to prove.

2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence.

This is International Rule of Law, the inherent (God Given) rights of the world’s People. I am free to dispose of My natural wealth without prejudice to foreign obligations, and it would seem as though You are trespassing upon this right and asserting Your determination to do so by Way of this rebuttal. I am advising You, Canadian and international Law says You are wrong, and God Given rights are Supreme in authority to Your opinion or that of the National Bank of Canada. So if You Wish to refuse to accept My natural wealth, again, You lose Your right of recourse.

And just for kicks, You seemed all bent out of shape that I didn’t pay You ‘the Way You agreed to pay’, suggesting that I must pay by certified check or money order. Funny, because Laraine also suggested direct deposit or wire transfer, and You later suggested a credit card, so clearly these are not the only options. I agreed to many of Your concessions ‘without prejudice’, presuming there was no ill Will in Your contracts only to discover very little of what You were as King of Me was done in Good faith and with insufficient understanding of an acceptance for Honour. If You Wish to trespass upon My rights and violate Canadian and International law on the International Court of Record, You are doing an exceptional job of it. You have just asserted Your guilt on this point, so thank You. And yes, I am as King for the full commercial Value of the property in Honour for damages.

One more point here. The contract You sent Me is evidence of Your crime and it is a negotiable instrument worth its dollar value. As a lawyer, You really should at least know that much. I certified the charges to Verify they are True and correct, so it very much is a legitimate certified check of what You were as King of Me for, and it includes a MONEY ORDER to discharge for Value agains the mortgage. I thought that was a pretty clean Way to dispose of Your crime and make everyone Happy. You Wish to withhold the Value of these funds from Your client and move forward with Power of Sale. I think You just Wish to bill Your client an extra $20 – $30k. It is also worth pointing out to You that You entered into these negotiations fully knowing I am free to dispose of My natural wealth, so I’m not sure how You were expecting Me to do that, a thumbprint seems like a very natural Way for a King to ‘print’ his own Coin for God’s Kingdom, no?

My proper legal title in a Common Law [God’s Law] jurisdiction is Lord Sean, House of von Dehn, Hand of Stephen, Kingdom of God.  Please do pay attention to the Style and Spelling of it (‘thou Shall not take the Lord’s name in Vain’).  I am a King in God’s Kingdom (the Mind, Body and Soul Given Me by God), and I am a Lord in the world’s Common Law Courts; as We are all Heirs to God’s Kingdom, Court is where One demonstrates One’s Moral Highness. 

You did not dispute any of these Facts, so I am Giving You a friendly reminder of the Character You Will meet should You Wish to address these Matters in court. I did not compel You to do business with Me, You made Me an offer as King Sean, House of von Dehn, Hand of Stephen, Kingdom of God. Tells You right there what jurisdiction of Law I am operating from, and I am reasonably certain God’s Laws are superior to Your Ontario Mortgage Act. Do You have an excerpt from the Mortgage Act that Shows they are exempt from acting in compliance with Canadian and International law?

9)  Your Libel of Noah Potechin – as you can clearly see above, everything that I have done has been in accordance with the terms of the agreement between your father and the bank.  Everything I have done has been in strict adherence with the laws of Ontario, and specifically the Mortgages Act as well as contract law as set out in the terms of the mortgage loan agreement.  You have accused me publicly of fraud and falsely stated that what I have done is criminal.  In fact, what you have done is defame me publicly.  The type of defamatory statements you have made are known as libel.  This is found under the Libel and Slander Act.  This is the law of Ontario.  According to the section on Libel, you have committed the act of Libel as follows:

‘everything I have done has been in accordance with the terms of the agreement between your father and the bank’.

Yes, Noah, but I am not My father! I do not have these obligations!!! I offered to accept My father’s obligations for Honour, which means I accept his obligations in Honour, NOT IN DEFAULT!!!

So the ONLY excuse You could have for threatening to seize My father’s house for failing to fulfill his default obligations to Your creditor, is if You HAVE accepted My offer of Acceptance for Honour and I am legally liable to You! Similarly, You can’t have it both Ways. You can’t say You were imposing My father’s obligations upon Me when You have failed to acknowledge My acceptance for Honour. If I am liable to You, then there is a new contractual obligation and the mortgage obligation is fulfilled.

Problem is, You have not accepted My offer, I am not liable to You and the conditions You imposed upon Me were arbitrary – there was no date set in stone, You were free to negotiate with Me if You had Wished. You CHOSE to bully Me and make demands of Me when I was only ever as King to fulfill My father’s original obligation to You and to let Your creditor know My father died in Honour, not in default. You are hereby refusing acceptance and allowing Me to fulfill that obligation. Default status cannot be imposed upon Me for standing for My father’s Honour.

I am Standing in Honour, My father is Standing in Honour, You are in default for failing to let Me Honour My Father as Commanded Me by God (Fifth Commandment) AND trespassing upon My right to freely dispose of My natural wealth, AND committing fraud by withholding the Value of the funds You have already received from Your client to discharge the debt. I already offered to bring the documents before a Justice to resolve this once and for all, You refused. Ignorance is no excuse, and I have shown You the Rule of Law on this several times.

In addition to civil libel, the Criminal Code of Canada includes defamatory libel as a criminal activity.  Your conduct of falsely and publicly accusing me of criminal activity could very well be, criminal itself.  I would not go so far as to accuse you of criminal activity though.  Here is what the Criminal Code has to say about the matter :

Yes, it could be, except there is no libel here, You are clearly trespassing upon My right to freely dispose of My natural wealth and resources without prejudice to any foreign (Canada/Ontario) obligation in the interest of mutual benefit and international cooperation. You, Noah, are criminally liable because You have not shown Me where You are exempt from acting in compliance with national and international laws and universal codes of conduct. I told You to Give this a Good read, I don’t think You have because no argument You have provided is any kind of lawful defense for refusing to accept payment from Me. So, to be guilty of libel or defamation, I would have to be defaming Your Character out of spite or making false statements. None of My statements are false, You had no pre existing contract with Me that Gives You any right to threaten Me while refusing to accept My wealth by criminal trespass upon My Common Law (God Given) rights. And all right here on the record! Where is Your lawful excuse, Noah, I don’t see one, You ARE criminally liable for Your Actions.

10) Your Libel of National Bank – As in 9) above, your false public statements about National Bank also constitute libel which comes with civil liability.  Everything that I stated above related to your libel against me, equally applies to your libel against my client.

Pretty clear there is an offer to pay this mortgage in full, right now, just Show Me wherer to Sign, I Will be Happy and over joyed to do it and make all People concerned very pleased. All You have to do is NOT trespass upon My right to freely dispose of My natural wealth without prejudice to foreign obligations in the interest of mutual benefit and international cooperation! See how easy that is? Right now, You are trespassing upon this right and threatening to steal My inheritance, so yeah, You are a criminal and so is National Bank of Canada if You speak for them.

11) Value – you state in one of your posts that the property is worth between 150,000 and 200,000.  The bank has no way to confirm that.  Do you have an appraisal?  If so, please provide.  If you want to access the equity, you can do so by getting a certificate of appointment of estate trustee.  If the property is sold by me, for my client’s debt, I hold the remainder funds in trust pending receipt of a certificate of appointment of estate trustee.  The Bank does not take the equity.  But interest and legal fees continue to accrue until the Bank is paid.  This is draining the value that will remain for the estate.  If you want to stop draining the estates equity, I suggest someone get a certificate of appointment of estate trustee as soon as possible.

This was useful, thank You (sincerely). The estimate is taken from My sister’s application and I’m not sure who did that appraisal but the estimated value on the court record was $150,000.00 to $200,000.00, I have not verified that to be True. The information on the equity was useful, too, but I’m more interested in You not breaking the law and trespassing upon My right to freely dispose of My natural wealth so I can pay Your client immediately.

11) Apologies and additional posts and retractions – it is my expectation that you will post everything that I have sent you here, as you promised to do.  As well, I expect a retraction for your libel against me and my client.  I expect a public apology for falsely accusing me of criminal activity.  My client expects a public apology for falsely accusing it of criminal activity. 

Are You kidding Me? I Will apologize when You obey the law and stop trespassing upon My right to feely dispose of My natural wealth without prejudice. You Will remain criminally liable until You stop trespassing upon Me.

12) The Future – I expect that I will not hear from you again, unless and until you have standing (see 1 above).  If you should present me with a certificate of appointment of estate trustee, I will deal with you as the estate trustee for your father.  Not in your personal capacity.  Unless such a certificate is provided, I will not respond to any more emails or accusations..  However, if I receive any additional threats, accusations or other publicly available broadcasts that are libelous in nature, against me, my firm or my client, we will pursue remedies in court.

You have failed to provide any legal or lawful excuse for Your trespasses upon Me, no apology Will be forthcoming and these Notices Will remain on the record until You defend Your Self and Your client for the harm You have done by trespassing upon My inherent rights.

Govern Your Self accordingly