0:02 Well, thanks for joining me. This is John Jay Singleton, and I'm gonna discuss today is more of a series of my presentations on how to use private membership association. 0:13 I know don't use that term specifically but in the last few weeks, I've been speaking about how to use an hoa A cove...

0:02
Well, thanks for joining me. This is John Jay Singleton, and I'm gonna discuss today is more of a series of my presentations on how to use private membership association.
0:13
I know don't use that term specifically but in the last few weeks, I've been speaking about how to use an hoa A covenant to control the title to real estate.
0:24
In other words, have the last word or the last say on what's going to happen with the title, which gives us the power over the property taxes and any other lienholder, including mortgage foreclosures, City code violation, fines, penalties, lean's, things of that nature, OK?
0:41
And the purpose is not to cheat anyone.
0:42
The purpose is to responsibly manage the title, to your property and have power, Where it should be, we should have ultimately the power over our property.
0:53
OK and I covered the reasons for we why you would want to use an HLAA covenant. So let me just give you a couple of technical details.
1:03
I know that there's a couple of questions that have not been asked, and so I'm gonna just ask them myself, I'm gonna present though, So an H O A covenant.
1:10
As you would know, if you have if you're in a community, if you're living in a in a residential homeware, there's a homeowners association. It could be an apartment, complex condominiums, townhomes, or single family, that sort of thing.
1:24
You can get a copy of the HLA Covenant. You can ask for it. There. The h.o.a.s required by law to give it to you. And you can also find it on the public records and you'll find that it's a link.
1:34
And it always has the last word. It never gets exhausted.
1:37
Claims under the lane can get exhausted, but the lien itself does not get exhausted. It can be removed or dissolved The way you set it up, though, is the homeowners association already exists because You have an association of people that are homeowners, right?
1:51
But, well, what I'm talking about is you set up a corporation If you don't have one already. A lot of times, you already have one, You'll notice that. The corporation, that's the board of directors in. the Association, is a non-profit corporation now.
2:04
Don't get all crazy with when I say non-profit. I'm not trying to go to the IRS and ask for non-profit status. I could care less about that.
2:11
I'm going to do is register a corporation, an Inc with the Secretary of State in the state where the neighborhood is situated and it's going to be registered as a non-profit. So your filing fee is going to be a little bit less, in most cases.
2:25
Like, I think here in Florida, I just did one, and instead of paying $125, I think it was, $65. I can't remember, something like that.
2:33
So, that's what you're doing.
2:35
So you get an, you get a corporation that is a non-profit, and that becomes the Homeowner Association, Inc, so you actually have an association and then you have a corporation that is responsible for administering the terms of the covenant.
2:50
And ironically, the H O A corporation is not in the association. Something to note. It's very interesting.
2:58
The h.o.a.s enforces the rules, but yet it's not a member. So it's something to think about, anyways.
3:04
So that's how you would look at the Highway and the Covenant, and you can look at the terms. They're very standard. You can also look in your state statutes. This is what we're keying off of here, this is important, the state statutes govern what can and cannot be done in the covenant, so like I said, if you just get a standard covenant, you're gonna be pretty well within the bounds of the statutes because they're not going to write them outside the statutes.
3:27
OK, and What I'm showing you.
3:31
The way I'm showing you how to use it as well within the statute, so the one question That hasn't been asked so that was the first one, but the corporation the second one and I'll move on to the biometric stuff after that.
3:40
The second one is, OK, John, so if I'm using a special assessment two Discourage someone to take the title at a foreclosure auction, or if I'm using it to recover the title after a foreclosure auction, What would someone else have to pay that special assessment? Just because, let's say, for example, your neighbor sells his house, just like anybody else sells his house.
4:03
And then the new homeowner comes in and purchase the property.
4:06
Yeah, there's gotta be a special assessment. It has to be applied equally to everyone, so this doesn't make any sense, right? So it's kinda like, We're going to be defeated, right?
4:14
So we only want to apply that special assessment when the homeowner has been wrongfully, let's say, wrongfully foreclosed upon, let's just call it wrongfully or, And somebody you want to control the title, and this sort of thing.
4:29
So what we would do is that special assessment stands on the books for everybody. However, the board of directors can write in a variance and can negotiate that many times. I've seen this before, I'm even help people with this.
4:44
Where they come in and buy a property where there may be H O a do's back dues that are not paid right, or any outstanding liens or maybe even a judgement right in the sale would extinguished that or foreclosure would extinguish that, but, let's say, there's a special assessment.
5:01
The person who's buying the home can negotiate the payment, or non payment of whatever the ... has established.
5:10
So if there's a special assessment that's intended for, you know, the purposes that we discussed but it's not intended for just an innocent sale, all you would have to do is have a little document that just says, Oh. And by the way, guys, you buy my house. And you'll just need this little document here.
5:24
The board is already approved a variance of this special assessment for you, waiving it.
5:31
Pretty easy.
5:33
Pretty easy.
5:34
It's just like I've been saying, you can use you're right over property to limit liability and to make things work and your favorite OK and not cheat people not saying that, but you can make things work really well. So that's one example. Right. That's your Highway Covenant.
5:52
We can certainly talk more about that.
5:54
Next thing, I want to really, I just love this idea. So the biometric data lane, right, so the biometric data is what I'll call it, and it involves a security agreement, and I'm gonna show you what one looks like.
6:03
So, let's just do that real quick.
6:05
You see, I can already have a screen share here, and I just searched on the internet for what did I search for element backup a little bit.
6:13
Yeah. See this? Well, it's so complicated. Right?
6:17
So, I searched for the form for the UCC one now.
6:20
this form that I'm going to show you is not the lien, although it could be. I don't like to use it that way. It's a, it's really a notice of lien, right.
6:29
And notice of Lien just indicates there is a link somewhere. What I like to do is put the lien on the record.
6:34
And I think that's important, because by putting the lien on the record, public records, it establishes a priority.
6:40
That's really what the UCC uniformity of filing Lean's is all about is establishing the priority of claims.
6:48
Um, and it's under a statute, remember, I told you before, all liens are statutory. You're going to hear this a lot.
6:55
Alright, So, I don't wanna go into this one, but this is your standard, this what I just showed you. So, the UCC one looks like this, right? It's a financing statement.
7:04
It's alone.
7:05
Description, right? And it's self explanatory.
7:08
No, you can. You can edit your information, right?
7:12
See how that works.
7:13
Now, what I would do is I would just download this on my computer, and I believe, once you download it, you can still edit it. If not, just edit it, and then download it, save all your changes.
7:22
And it looks really neat when you go print it out, see, once you to change all the data, you can print it out.
7:28
And so you would identify the the secured party, which would be yourself, and a biometric lane.
7:34
You would identify the debtor, which is whoever it is.
7:37
Having the benefit of using your biometric data like we discussed before, and what's the collateral was that nice paragraph that I had written, Right? And it could also be something else. It's up to you guys. I just gave you the description of what I preferred. How to describe my biometric data and there's other data that goes in there. But really biometric data is important.
7:55
Biometric data can include, you know, your physical features.
7:58
I believe it can also include a description, if it's specific enough of your tissue.
8:06
So, I don't know that your tissue could be used to identify you, but, I think it's worth putting in your collateral agreement. So, the collateral is the property that we're going to allow someone else to use the debtor under specific terms.
8:21
So we put this in Box four, OK?
8:25
Now, don't get lost in all the details. Hey, John, would address to, I mean, come on.
8:29
You don't want to put in the address that you might get mail out, OK?
8:33
It's not complicated.
8:35
I've already written it and, you know, we can go over that. I'm going to show an example of a security agreement, and I use that word of caution on that one.
8:40
But, um, so here we get all these instructions, right, I'm not going to go over that, I'm just saying, just read through this and get familiar with how this functions.
8:51
So, this document would go with the security agreement. Now, I'm going to show you a template of what one looks like. This is not the security agreement I'm telling you that you should use.
9:01
The one that I'm suggesting is modified.
9:04
I'd say about 30% more than what you're seeing here. So let me just, let me just look at this. I'm going to show you this, This uses one, OK?
9:11
That's your primary filing. Your financial statement, that should go with your security agreement. This is like the front page when you mail it into the county recorder's Office, and that's what you're gonna do. You're gonna mail listen to the can. Recorder's office in the county where you're a resident, where you reside.
9:26
You're also going to file this with the Secretary of State's office, and you can look it up on the internet as to how you want to send this. It'll tell you how to send it in. It'll say the filing fees.
9:34
Typically, the filing fees for document, like this is going to be something like a dollar a page, or maybe $20, and then $1 page. And then the recording officer, I want a money order, probably, you know, It's not that complicated.
9:47
So the other document that may go along with this is going to be this addendum.
9:53
So, there's additional terms and things of that nature. I really think the security agreement I'm going to show you, or the art, my version of that, really is what should go with this use. Not this one, but it should go with this statement here.
10:04
So, really, this one, the UCC one, and your security agreement are enough to perfect a security interest.
10:12
So, when you record it, the County Recorder and the Secretary of State is going to fix a number to it, and it's going to send you back the original.
10:19
And then anytime you want, you can get a certified copy if you need to serve anyone notice with it.
10:25
And the certified copy is as legally effective as the original, you'd never want to show people the original, that should go into safe.
10:32
It has a lot of value, OK, a very safe place. So, this is an addendum. I've never had occasion to use one and I don't do many of these. I'm just saying, it's another document may want to look at, but if you go back here, there's a whole library of different forms. Nobody's really going to be necessary for what you guys are doing.
10:47
So, I just wanna share that with you, That's a little bit beyond what I discuss last time. So, I know some of you want to know some of the technical things, and perfecting the link. So that's what I'm telling you right now.
10:57
What's that?
10:58
now here is, oh, here we go.
11:00
So, um, this is what I'll wait, Let me just go over these questions, and I'm gonna, I gotta pull up this other document before I do that.
11:10
Yeah, I don't know, why didn't show up, but anyway, let me go to these questions now, and then I'm going to show you an example of a security agreement.
11:17
So, someone asked me, how does a mortgage affect the ownership of the property once, once you start paying property taxes on it? And the hypothetical example of someone who doesn't pay property taxes and who has a mortgage. What happens is?
11:29
they're separate things. OK, so the lien is an encumbrance on the property. It doesn't matter who the title holder, right?
11:37
But if the taxes aren't paid, then the state can foreclose. And that would actually wipe out the mortgage.
11:44
But in reality, what really happened is the mortgage lender will pay the taxes 99.9% of the time, and then foreclose on you or under the terms of the mortgage. It's not going to be they're not going to let the State foreclose because the banks can get wiped out, OK?
12:00
That's really what's going to happen.
12:02
So, just realize that that's how it works in practice, and the priority is that the mortgage leen is one of the, probably the most superior lane.
12:13
It's actually more superior than the ... covenant.
12:17
Then the property tax is superior to not only the mortgage leen and the HLA Company.
12:23
It's also the property Tax lien is also superior to an IRS length but it's it's easier to control an H O A covenant lean than it is. The property tax lien only once have I seen a situation where I was able to benefit from acquiring a lien on the property tax. It's very precarious. It's hard to acquire that lean, OK, because you're competing with people, And it has to be auction.
12:43
It's much easier to get the last word on the lien rights on the property, And that's why I explained by the ... Covenant.
12:52
This, this question here, I mean, will the bank foreclosed.
12:55
Because if you're breaching the contract by not paying taxes, yeah, you would invoke the default provisions in the mortgage, or the trusted, which, explain, if you don't, if you don't pay fines or something like that, or property taxes, it would, it would create a default under the Mortgage. And that's why I'm saying the bank would just pay the tax and then foreclosing your profit. Right.
13:15
Then, they toy, lean.
13:16
Yes, it will help retain ownership if you don't make mortgage payments, so yeah, you could actually get out of the mortgage. I'm not trying to suggest that you do that. I'm just saying, if you want some control over the property tax issue, which a lot of people are just really asking me lately, how do we do this without arguing with the state about property taxes and about that your residence, your primary place where you live is not subject to the property tax instead of going on all those battles, Why not just ignore that battle and and have the last word OK with the HLA Covenant.
13:47
In some cases, you'll have to work it out with your neighbors, OK?
13:53
But, I think, really, that's a cleaner solution. It's more reliable. There's no risks, There's no question. It'll work every time, OK.
13:59
You don't have to go into court, and that's really a lot of my practice is about avoiding using the court or relying on the court for solution, because lots of times, as you probably know, it's not a solution.
14:10
Um, yeah. So that's the idea here, Right?
14:13
And so, yeah, the bank and foreclose again if you're not, if you're not current in this sort of thing, and these are these are the reasons. I mean, I went ahead and I listed all this. Here are the reasons you can see that.
14:23
And it's, yes. I've had a case or too few cases where we're able to use the HLA and get the last word. This is how I know what can be done.
14:30
OK, um, I used the highway one time to actually winter foreclosure the bank realized where I was headed. They quit. They withdrew the case.
14:42
So, you know, it's one of those things.
14:45
Then say someone's asking about the biometric data.
14:48
So the lien applies to people. And we're, yeah.
14:51
So the whole idea behind the biometric data, it's a property right that people have, irrespective of their nationality.
14:57
So if you perfect a security interest in your biometric data, just like we're doing here in the states, yes, you can do it in any country, right, wherever there's a modern banking system and insurance industry, thanks to those guys were able to perfect the security interest in property, Right? If there's a perfectible property interest, lean, we can do it. We can perfect an interest, and pretty much it's going to be like that all over the world.
15:19
It's always going to be the same process. I mean, the UCC is international.
15:23
So it's pretty uniform naveed. There might be like some different recording requirements or fees. There might be different forums. I don't know I don't know what standard farmers were used in other countries, but yeah, it's nearly identical, OK?
15:36
The use of it, remember what we're trying to do on the biometric data lena's, are trying to at least create a liability. That shows up on the balance sheet of anyone using our biometric data.
15:45
Right, that gives us some, some power, we can do a lot things from there.
15:50
OK, Yeah, Now and parental rights And this is really, I want to get into this, um, after I show you the security agreement.
15:59
Yeah, with parental rights if you're in a situation where it's a child custody thing and that the parents are co-operating with each other and then you get the police involved. You got to that situation.
16:08
So what I'm going to show you today is another way of using a PMA, creating a PMA type situation.
16:15
And actually, there's something else I'm gonna show you in there too inside of this, that would actually avoid a situation where you end up where the police are coming to your house, to take your children or something like that.
16:25
The key element here is really going to be about the parents co-operating.
16:30
And I know sometimes it's unavoidable but I'm just saying when the parents don't co-operate, the state can really wreak havoc and really create a situation that does not serve the children and the parents in the longer.
16:42
So anyway, hopefully we can avoid that. So let me let me see if I can pull up this real quick.
16:47
I'm going to stop share it. I'm going to pull up this.
16:51
Security, or I don't know why didn't show up in my window here, I thought I put it up there earlier.
16:54
But, We'll just see real quick.
17:11
Sure, And go in the folder.
17:25
OK.
17:39
So.
17:46
Sure.
18:00
Alright, I'm just gonna gloss over this a bit.
18:04
Don't rely on what I'm about to show you.
18:06
I just want to give you an idea what a security government may look like.
18:13
This is not what you would use.
18:15
Version.
18:27
So here's what it looks like.
18:28
Security, you're right, identifying the names of the parties, the debtor is, I like to put notwithstanding any other agreements and we can get into that.
18:38
Because a lot of times when you're using this, there are already some sort of agreement.
18:42
Regarding the use of your biometric data, this agreement is going to overtake the other agreement. It's going to become a priority.
18:52
Because the other agreement is not a security line, you'll see they did not protect the security interests.
18:57
I don't think they'd even have the ability to do that, because it's not even realistic for them to do it, but it's certainly realistic for us to do it. So, we do have an advantage in that sense.
19:07
Um, and it is your property. So, ultimately, you have the last say in it, and you didn't wave anything. So, we wanted to define everything, right? So, this is, you've seen this before, right?
19:16
So, where to find the collateral, the biometric data, the property, we get into something like this.
19:22
I'm not saying we should do that but, um, we can impose royalties.
19:29
Uh, we can describe other types of property, like data used in being a customer. OK, that's what I'm doing here.
19:37
Um, and then there's other things, too, I mean, you can you can even get into the medical privacy rights. I didn't include that here.
19:43
It's not necessary for what we're doing, but, um, medical privacy rights are rights that are intangible rights. They're recognized around the world and why couldn't put a security interest on.
19:53
What did you do with that? Right.
19:56
So forth and so on.
19:56
So, basically, it's, this is a mortgage on property over which you have exclusive rights.
20:05
If you don't perfect a security interest in it, and you allow third parties to use that property without terms or just accepting their default terms, it may be considered or probably already is considered abandoned property.
20:17
And someone else is putting terms on the use of your data So what we're doing here is we're going to clean that up. We're going to recapture those rights. We're going to exercise the rights you already have.
20:25
Then we're gonna post terms on the use of those rights, We're gonna make it a privilege for someone else to get your data.
20:32
All right, get it and use it.
20:34
So we get into all these things, right, Can't you can't use my data for anything I didn't say.
20:39
We get into also international standards for managing the data and if the other party, the debtor, doesn't want the liability, it's going to have to destroy the data or relinquish its claim or use of the data, and it's going to have to prove to you that it did that because it's going to have to follow these international standards.
20:59
Again, I'm not saying a run with this. I'm just showing you.
21:02
This is kind of like an, almost version of what it would look like.
21:06
So, what I'm suggesting is, if you want me to work with you and set up this Lean, I'm probably gonna work with a document that looks a lot like this. And it's probably going to be changed a little bit for everybody. I'm gonna have some standard terms, but I'm going to also do some certain things based on how you're using it.
21:20
Some of the debtors are gonna be people like organizations like Google, Amazon, your DMV, your phone company.
21:28
Your ISP.
21:31
You name it right, the school where your children attend, and things of that nature, OK.
21:38
Anyways, there's default remedies, OK.
21:44
I mean, it's really, You can read this, just pause the video here.
21:47
But this gives you an idea of what a security agreement will look like, and then, how what kinds of documents would be used to actually record the security agreement, and where your county, recorder's office or Secretary of State.
22:00
Yeah.
22:07
And, yeah, there's a hair that, so remember, I was telling you guys that one time?
22:11
The way it's established, we don't need a bunch of signatures, we just have to cite Title nine, Section 1 or 2 a 7 right?
22:17
Of the UCC, agreement, or consent to this security agreement is established by the use and continued use collection and storage of your biometric data, whatever is described here.
22:34
So, yeah, you could change the terms under which your data currently that's now being used by these third parties.
22:40
You could change the terms of that by recording this document. That's, that's a question you might have.
22:45
All right, so, I'm gonna get out of there, and I'm gonna go back to what I think is quite interesting.
22:54
I'm going to show you how possibly, and this is, again, not exactly a complete document.
22:59
I'm not trying to just give you a little bit of information.
23:03
I just want to, I'm not trying to give you incomplete information because it's difficult for me to give you a complete agreement that covers your situation, I can give you a generic idea of how to do this, but I think you're gonna like how this rolls out, and I think it's gonna give you some ideas of how you can use in your situation. So, for example, when I show you This, It's like, one page.
23:22
If I did this for you, it might be three pages when I'm done, right, and the concept is going to be the same.
23:30
Let me do a share screen with that one.
23:33
All right. This is known as, OK, and again, this is the formation of a private membership association.
23:38
The family is already a private membership association.
23:43
Alright, so what I'm going to do is put some terms here: they're going to preserve some rights the family already has that have been taken by statutes, OK, you have rights in your family that have been taken by statutes. A statute is a lien.
24:00
And so, the agent through which the property rights are taken is the court family court.
24:07
This is my language I'm giving you guys language to use, because you know you're coming in with these situations, and I'm telling you, this is the language I'm describing to you, what is happening to you?
24:16
And I'm, here's how you solve this problem. Realize that you have the original property rights, and you just have to take them back.
24:23
We can use, I know you're gonna ask you this. We can use the biometric data lien type scenario. We can use a security agreement as well.
24:31
But you may not need a security agreement in this process.
24:35
So this is a little bit separate, but I'm still showing you how to use and apply a PMA two, right?
24:41
You already have OK into make an effect on the Court. See, because I know a lot of people to come into court and they start arguing with the judge and you're lost.
24:50
You just lost because the court already has a priority because and with the weights treating you because of the statute and an agreement like this will allow you to have the power over it.
25:02
So, here's how it works.
25:04
First, we're going to do, is call a post nuptial agreement, OK? And marriage is an agreement, right. And it's identifying the husband or wife.
25:12
And you can see, it's a generic, OK. It's a marriage that began on such and such in this location. I just made up this Lincoln, Nebraska, OK. And the red, they currently reside.
25:24
And so this, this agreement is based upon a family where there's no divorce pending or separation intentions and things of that nature, where the family, just nothing's going on, there's not going to be divorce or anything.
25:35
This is a post, an actual agreement, to divorce the State divested of power over your family.
25:43
So, I'm describing what the private membership association consists of the members of the family, right? It's pretty simple. Now, this can be 20 pages if I want it to be.
25:56
What are the marital assets?
25:58
Well, in this example that I'm giving you here, I'm saying that the husband or wife came into the marriage with No.
26:04
Well, that could not be true and maybe that's not true. In your case, we would just modify this, right?
26:10
And so everything since then that either party has accumulated Wealth wise is now part of the marital community.
26:21
So, then, what we do is, inside this agreement, this post nuptial agreement, and this needs to be a little more sophisticated, but it's it's legally sufficient, in my opinion, to declare the existence of a trust inside this Pre-nuptial, or post an actual agreement.
26:37
So, disagreement takes the, let's call it marital assets. In this case, I just really generalized what that would be. Like. For example, it would be stuff you have in your house, OK? It doesn't have to be like that.
26:50
But, so I took that, and I said, OK, that is now owned by this trust over here, in which the husband is the trustee, and it doesn't have to be that way.
27:00
But I just, it makes sense to make the husband, the trustee and the wife and the children, the beneficiaries of trucks, Especially when you have children. Now, there can be some variations on this, or they should be actual.
27:11
But you can see, I've kinda generally said stuff that you have, right? It's not really assets.
27:17
I mean, it could have something like, Maybe the husband became a millionaire, and he's got a couple assets, or actual assets, you know, like, maybe he, maybe he owns a business, or something like that, right?
27:29
So, that would be described in this, and possibly I may set up several different trust. I can use this post national agreement to established Trusts.
27:38
For the purpose of removing the property rights from the marital community, or the marital estate, if there's no property or nothing worth talking about in the marital estate, what businesses, there's a courthouse.
27:51
Ah! we get to the children, that's coming up. So, let's take care of this stuff, right?
27:57
Move that out of the Marital State.
27:59
We can do that in a post structural agreement, with a trust.
28:03
Now, you can have a trust instrument, that's fine, but if I declare the existence of a trust, The trust already exist, by the way. I'm just describing it.
28:11
It's acknowledged.
28:12
There's, There's no way around it because I said, Oh, OK, I don't believe we have to record this, maybe it might be a good idea to do that, we can get into those nuances later.
28:22
There's something here on regarding the estate, I also want to make sure that I don't want any of this property to remain in the estate of the husband or wife or children, or collectively the Marital State, So I'm explaining in here.
28:37
It's outside, OK, then, what about parental rights?
28:44
These are also property rights, OK?
28:49
So this is a custody agreement.
28:53
And the declaration of the exercise of parental rights.
28:58
Now we're not quite into divesting the cord of being able to interfere in the marriage yet, that comes with the next paragraph. And you see, this looks quite short, doesn't it? This is the end of it. You see, check this out.
29:11
If I, if I incorporate a dispute resolution clause in a post, an actual agreement that requires any disputes, any node disputes to be resolved through binding arbitration than the court's only role would be to confirm an agreement already established. The court doesn't have jurisdiction once there's already an agreement. Now. What happens is, and historically, I guess since probably since World War II, the courts have acted as if the course, get the final, say to determine whether or not there's a divorce.
29:45
Um, I think we can divest the court of that ability by using a dispute resolution clause to administer if you're going to have a separation or divorce. You can do it that way.
29:53
Or this, in itself, would give you standing to prevent the cord from getting involved in child custody matters, and it would put the burden on the court to establish that the children have been subjected to neglect or abuse in some way.
30:11
That's the only way the state could justifiably get involved in your marriage.
30:15
So the only other way around that, though, is if one of the parents were to, let's say, betray the family and try to get power over the other spouse, or something through the courts, and I've seen that so many times. So this really is, it's really important that the parents are co-operating to some level, OK?
30:37
And if you can get disagreement while there's, you know, Consent, you know everybody's co-operating, If this is, If you can do this now, if something were to come up later, this is, it's all the better to have it established in the beginning. This would be excellent as a pre-nuptial agreement. This will be excellent. Right.
30:56
So what I'm doing is saying, that all disputes are subject to compulsory binding arbitration.
31:03
Now I didn't say through which party through which service I didn't say that. And there is a way that we can actually set up arbitration. There are several ways of doing this, and I may give another class on how to do that.
31:15
But by putting compulsory binding arbitration in a Post Nuptial or Pre-nuptial agreement, that would divest the court of hearing the merits of, let's say a marital dispute, something that would lead to a divorce or separation agreement that would force the husband or wife to go before arbitration.
31:35
They would have to work it out. There's no way around this.
31:38
They'd have to work it out, and then once it's settled, the arbitrator would issue a finding a determination, let's call it a judgement, it's called a determination, right, then usually it's the prevailing party.
31:51
I mean, I shouldn't say prevailing because in a marriage, it may not be a prevailing party, but the parties would then apply to the Court called a petition for confirmation of arbitration award.
32:01
And the Court could then, absent an allegation of fraud or evidence of fraud, the Court has no choice, but to agree with what was reached the agreement. the findings are determination reached by the arbitrator.
32:13
OK, the arbitrator does not have the power that the Court does to bring the police.
32:18
That's that's the key thing here.
32:20
It's very limited.
32:21
So we're separating that the courts ability or divorcing the Court, basically, and we're bringing it back to what it was before all these statutes and procedures and things that in many cases exploit, I shouldn't just say it's the husband but it seems like that's been happening. I don't know, I hear a lot of here. A lot of stories that can work both ways. I've seen it both ways. But anyways, that's the whole idea.
32:41
So, this does bring into bring you into a situation where you really have to have take some responsibility.
32:50
You really have to have to be a little bit better in your marriage.
32:54
And as a parent, you really have to be more diligent and hopefully more rational in working out disputes with your spouse and in good faith. And with the with the concern or consideration of your children first.
33:06
I mean, it just makes us be better people if we're expected to divest ourselves from the court interfering in the marriage.
33:14
OK, I've seen cases where the parents are just acting like children. I mean, the children are doing a better job, you know, showing more maturity. And so, I almost don't even want to get involved with those.
33:25
Because I almost am an advocate of the court intervening, I hate to say.
33:31
But I think this is, for people that can see, a way where this this is going to create a situation that gives them their family more authority, more power.
33:40
And I want to add that, I want to add that the point that, uh, the core system itself is a is a private ecclesiastical.
33:49
Society, it's a It's an ecclesiastical form, OK.
33:52
The family can be an ecclesiastical form, but, it's almost the same status.
33:57
It's like, it's a private club. The Court is a private club, but so is your family.
34:01
The Court has a private membership association, and I know every attorney on Earth is going to disagree with me. But this is how it operates.
34:06
So if I'm creating, if I'm, if I'm establishing terms in my family, through a PMA and a post sexual agreement that the Court has to acknowledge because it's a, it's its own rules. The Court's rules are consistent with disagreement, OK?
34:21
Then I now have the power of the Court. My net, my spouse, and I have the power of the court.
34:28
In fact, the course power came from people, write all this document does this let you take back that power.
34:34
And I would just caution you that it does require a greater level of responsibility. I think you've kind of figured it out by now.
34:41
Anyways, I just wanted to share that with you and um, I know this is prerecord it.
34:46
You guys, I appreciate it hasn't always been tried, I wasn't trying to have a regular call, but, um, I'm gonna, I'm gonna end this recording and then I'm going to provide a time where we can do questions and answers. I'm not sure if it's going to be live tomorrow on Thursday today. The Wednesday of course our April 12th. So we'll see about that but I just want to lay this out and when this renders, I'm gonna give you all a link to this. And probably I might do a summary of it, but it probably will be in the members area at privacy fight.
35:13
Hope you appreciate it. Thanks a lot.
35:16
Bye for now.

Summary

1. John Jay Singleton is discussing the use of a private membership association and a homeowners’ association (HOA) covenant to control real estate titles, having power over property taxes and other liens, with the goal of responsible management of property.
2. Singleton explains that HOA covenants are always the final authority, they don’t get exhausted and can be set up through a nonprofit corporation, essentially a Homeowner Association Inc. that administers the covenant terms.
3. He explains the function of an HOA, enforcing rules while not being a member itself, and how it can be used to limit liability and create conditions that favor the property owner.
4. Singleton introduces the Uniform Commercial Code (UCC) 1 form, a self-explanatory document for filing a financing statement that can be filed with the Secretary of State’s office, indicating it’s relatively simple to fill out and submit.
5. He provides insight into the priority of different liens, explaining that the property tax lien is superior to others, including the HOA covenant and the mortgage lien, suggesting that the HOA covenant could be used to control property tax issues instead of arguing with the state about them.
6. Singleton discusses the concept of perfecting a security interest in one’s biometric data as a property right that can be applied internationally, where modern banking and insurance systems exist.
7. He presents an example of an agreement that asserts priority over use of biometric data, emphasizing the importance of recapturing property rights over this data from third parties.
8. He discusses the idea of using the biometric data lien scenario with a post-nuptial agreement in a Private Membership Association (PMA) context to affect court cases, specifically for divorce and custody battles.
9. Singleton introduces a post-nuptial agreement that he argues can help prevent the courts from interfering in a marriage or family dispute, by establishing an agreement to resolve any disputes through binding arbitration prior to any court involvement.
10. He concludes by explaining that if an arbitrator’s decision is made, it can be presented to a court as a petition for confirmation of arbitration award, and barring any evidence of fraud, the court is typically bound to agree with the arbitrator’s decision.

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