[Lawmen: 4285] Certificat e of Mailing to prove your envelope contained what you said you mailed
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Certificate of Mailing
I have attached a certificate of mailing form which I developed for the notarial (administrative) process in our far-from-ideal world which has crooks on both sides of the mortgage foreclosure argument, each wanting to steal what he can. The form, used properly, guarantees the following:
- You mailed the envelope on a certain date through a trusted third party (ideally a notary)
- The envelope contained certain items
- The envelope had a mailing registration number if any
- The target did or did not respond by a specified date with return mail.
- The response contained certain items.
Why a third party notary? To begin with, the third party must not have a blood, marriage, or dependency relationship with you because that would constitute a conflict of interest making the third party untrustworthy. In other words "third party" means someone not related to you by blood, marriage, or dependency (such as an employee). A notary can, however, also operate as your employee without having a conflict of interest. The point: you don't want your target to draw the honesty or integrity of your third party into question as a way of challenging delivery of the mailed item into the target's hands.
RESPA Considerations
The Real Estate Settlement Procedures Act (RESPA) requires the target lender/servicer to acknowledge your Qualified Written Request (QWR) within 30 days and respond meaningfully to it within 60 days. Your third party (ideally a notary) can use this form to keep a record of your effort to obtain such a response. The target should not foreclose without having responded. They do anyway, of course, and you prove that fact with this form, beyond dispute.
How to Use the Certificate of Mailing
You should fill in the form as far as you can and give the original and a couple of copies to the third party. The third party disposes of them as follows:
- Puts an unsigned copy into the envelope as notice to the target
- Signs the original to return to you at the completion of the process - expiration of the time you allowed for the response, typically 20 or 30 days.
- Keeps a copy of the signed original for personal records (important to keep this for some years in case of dispute).
A Note about Mailing
I know of only one guaranteed way of getting mail to someone with proof, other than nailing it to the target's forehead: REGISTERED mail.
How the Courts View Mailing
However, proof of mailing into the US Mail generally constitutes proof of delivery, for the courts accept as a reality that the US Mail works as intended to get mall to the addressed targets. If someone says "I never received it," the court will consider that person a liar if you can prove having delivered it to the post office. If the target says "I received the letter but it contained this here recipe for Mom's Apple Pie," you have the certificate of mailing to prove the target a liar.
Benefits of Certified Mail and Green Proof of Delivery Card
You should not have to send an item by certified mail. The green card will show proof of delivery. When you send certified mail to the IRS, particularly someone like the chief counsel, commissioner, or assistant commissioner, you will receive back a green card with NO signature on it and with the certified mail number sticker removed from it. They do their best to destroy your chain of evidence. Furthermore, you have no clue who actually received the item because mail carriers deliver it to virtually anybody as a matter of practice. For that reason, I don't trust certified mail.
About Registered Mail
Registered mail costs at least $10 (approximate). It consists of up to $25,000 insurance that the content of the envelope does not get lost or stolen. You need it only to send valuables like cash, precious minerals, one-of-a-kind documents, and art objects in the mail. It guarantees deliver only to the target or the target's authorized agent. That (and not the intrinsic value of the contents) might justify the cost of using registered mail.
Bob Hurt My Blog 2460 Persian Drive #70 Clearwater, FL 33763 Email; Call: (727) 669-5511 Law Studies: Donate Subscribe Learn to Litigate with Jurisdictionary |
On 04/16/2011 04:44 AM, Chase Dattilo wrote:
G'day TJ
I agree with Robert, Certified Mail with green card, also take a good look at the mortgage agreement...if war is coming be ready for battle, now if they send back the check again, write the AG in your state, and start working on your legal defense.
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