Preview
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FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 7/22/2022 4t30:00 PM.****
Ohad Guzi, Benefactor
In my Private Capacity
3740 North 54th Avenue
J7
By
#a2
JUL 22
2022
Hollywood, Florida [33021-]
IN THE COUNTY COURT FOR THE SEVENTEENTH JUDICIAL CIRCUIT
FOR BROWARD COUNTY, FLORIDA
First Citizens Bank & Trust, ) COUNTY COURT CASE NO.
) CACE-21-011922
V. ) EX PARTE
) NOTICE OF MOTION AND
) MOTION FOR RELIEF FROM
Miami S&E Group, et al ) JUDGMENT
) PURSUANT TO FLORIDA
) RULES OF CIVIL
) PROCEDURE
) RULE 1.540(b)
,.
1. NOTICE IS GIVEN that I, as a man, as Ohad:Guzi, Sui Juris, Beneficiary ofthe
paramount trust, OHAD GUZITM ens legis, your Defendant is making a special
appearance, and not a general appearance, hereby move the court to vacate the
judgment in the interest ofjustice, since the creditor does not have the original
credit card application in their possession as required under Florida law, and does
not have evidence of their possession of the original credit card application nor has
evidence of their possession of the original credit card application and or
foundation for any evidence of possession of the original credit card application,
which violates the business records exception to the hearsay rule. The name
1
Motion For Relief from Judgment
-**** FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 7/22/2022 4:30:00 PM.****
OHAD GUZI is a fictitious name and is not a proper English spelling of the name
of Ohad Guzi. The court also lacks concurrent jurisdiction and lacks subject matter
jurisdiction as a stranger to the transaction. Elements of fraud and estoppel exist,
which are developed below. I, Ohad Guzi, rely upon this motion, the Memorandum
of Points and Authorities in Support of the Motion, appended below, and that oral
argument that I shall supply in the hearing in this matter.
2. I ask the court to vacate or reverse the final ruling in this matter and
dismiss this matter with prejudice in the interest ofjustice, based upon this motion
and the Memorandum of Points and Authorities made part of this motion and
found below.
MEMORANDUM OF POINTS AND AUTHORITIES
Section A. Lack of Standing and Capacity, Lack of Subject Matter
Jurisdiction.
3. The Plaintiff has violated the rules of evidence and Florida Commercial
Code in this matter as a matter of law. Florida law requires the Plaintiff in a
creditor claim to establish, through admissible evidence, that they have subject
matter jurisdiction as a bona fide creditor. The Florida Commercial Code at
Section 671.3501 requires the Plaintiff/Creditor to bring forward the original credit
card application when demanded. Furthermore, the Plaintiff as a claimant. must
have the original credit card application in their possession as a matter of law, see
2
Motion For Relief from Judgment
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FILED: BROWARD COUNTY, FL Brenda D. Forman, ,'CLERK. 7/22/2022 4:30:00 PM.****
Florida Commercial Code Section 671.3301, see Kelsey v. Sun Trust Mortgage,
(3d DCA, 2014) 131 So. 3d 825.
4. The Plaintiff has failed to exhibit the instrument, with indorsements, as
required under UCC 3-501 and Florida Commercial Code Section 671.3501 and,
therefore, the Plaintiff does not have standing and capacity to bring a civil action
against the Defendant because they are attempting to maintain a suit against the
Defendant regarding an original credit card application to which they are not a
party and for which they are a stranger to the transaction. See also Blue Supply
Corp. v. Novos Electro Mechanical, Inc., 990 So. 2d 1157, 1159 (Fla. 3d DCA
2008), which states that a contract between the parties must exist for the Plaintiff to
have standing to sue under such a contract. To be the "holder" when it was not the
original lender (1) the Plaintiff must be "in possession" of the original credit card
application; and (2) the original credit card application must contain an
indorsement in blank or an indorsement to the Plaintiff. Absent both of these
elements, the Plaintiff is not the "holdef' as a matter oflaw; see also Fla. Stat.
673.2011(2) ("if an instrument is payable to an identified person, negotiation
requires transfer of possession.of the instrument and its indorsementby the
"
holder.")
5. First Citizens Bank & Trust is not in possession of the original credit card
application. Also, the Piaintiff never responded to the Answer, Response, Rebuttal,
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3
Motion For Relief from Judgment
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FILED: BROWARD COUNTY. FL Brenda D. Forman, CLERK. 7/22/2022 4:30:00 PM.**** ,-
and Opposition to the Plaintiff' s Motion for Summary Judgment, and no hearing
was scheduled, which violated my due process rights under the Fifth and
Fourteenth Amendment.
6. It is widely recognized in the financial services industry that original
credit card applications are routinely destroyed by the banks,as a part of the
securitizationscheme. This is done with equipment leases, credit card debt, auto
loans, and mortgages. An inciteful comment came from The Florida Bankers
'
Associations Comments to the Florida Supreme Court Task Force on
Foreclosures. They stated. "Itis a reality of commerce that virtually allpaper
documents related to a note and mortgage are converted to electronic jUes almost
immediately after the loan is closed. Individual loans, as electronic data, are
compiled into portfolios which are transferred to the secondary market,frequently
''
as mortgage-backedsecurities.
-
7. The commentfrom the Florida Bankers Association continued: "The
reason many firms file lost note counts as a standard alternative pleading in the
complaint" is because the physical document was deliberately eliminated to avoid
confusion immediately upon its conversion to an electronic file."
This official banker's report admitted that they deliberately eliminated the
original note. The note must be held, with an endorsement by the alleged creditor
and Plaintiff, and produced with a qualified fact witness in court under the Florida
4
Motion For Relief from Judgment
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FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 7/22/20224'30:00 PM.****
Evidence Code. in order to ensure that the claims, and the evidence that supports
them, is trustworthy.
8. So after the comments were heard, the Chief Justice's Statewide Model
Order is entered. On December 28,2009, Chief Justice Peggy A. Quince issued
her Order implementing a statewide managed mediation program in new Florida
mortgage cases pursuant to the Task Force's recommendations. Each of the 20
circuit chiefjudges now must adopt their own orders based on that this model
would apply to credit case cases as well.
9. Bank business loan foreclosure is analogous to mortgage foreclosure,
since commercial credit is being loaned in either case. There is a high likelihood
that the note was securitized, and the Plaintiff is not the of the
original credit card application
10. Subprime business loans have been, and are being, bundled into asset-
backed securities ("ABS") and sold to the public as solid, income-producing debt
-
investments similar to corporate bonds. They're marketed as secure products
offering above-average interest. But while a bond may be backed by an issuing
company's income and assets, these loan ABS products are backed solely by a
pool ofbusiness loans. The loans are bundled and the rights to receive the
payments generated by the loans are sold to investors. Those rights are divided
5
Motion For Relief from Judgment
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FILED: BROWARD COUNTY, FL Btenda D. Forman, CLERK. 7/22/2022 4:30:00 PM.**** ,-
into tranches ("tranche" being the French word for"slice."). First Citizens Bank&
Trust is therefore not a creditor.
11. First Citizens Bank & Trust is likely an originator and sponsor of
business loan asset backed securities, and it is likely that they do not own the Ohad
Guzi loan, since virtually all of their business loans are securitized.
12. In addition, the Plaintiff lacks standing to proceed in this matter because
of a failure to supply admissible evidence that the Plaintiff is the holder of the
original credit card application and is entitled to enforce the original credit card
application as the holder or as someone who is otherwise entitled to enforce the
note pursuant to UCC 3-301 and Florida Commercial Code Section 671.3301. The
original credit card application must be indorsed to the Plaintiff or in blank and the
original credit card application holder must have the original credit card
application in their possession. The original credit card application must be
indorsed, see UCC 3-203 and Florida Commercial Code Section 671.3203.
Additionally, one of the bank staff, who is familiar with the accounting records and
procedures, must testify in court in order for their claims to have foundation. To be
the "holder" when it was not the original lender, (1), the Plaintiff must be "in
possession" of the original credit card application; and (2) the original credit card
application must contain an indorsement in blank or an indorsement to the
Plaintiff. Absent both of these elements, the Plaintiff is not the "holder" as a
6
Motion For Relief from Judgment
**** FL Brenda D.
FILED: BROWARD COUNTY, Forman, CLERK. 7/22/2022 4:30:00 PM.****
matter of law; see also Fla. Stat. 673.2011(2) ("if an instrument is payable to an
identified person, negotiationrequires transfer of possession of the instrument and
-- --
its indorsement by the holder.")
13. The Plaintiff has steadfastly refused to exhibit the instrument when
requested. The duty for a creditor to exhibit the instrument, when requested, is
found at UCC 3-501 and Florida Commercial Code Section 671.3501, which states
at subsection 2 as follows:
(2) Upon demand of tbe person to whom presentment is made, the
person making presentment shall (A) exhibit the instrument, (B)
give reasonable identification and, if presentment is made on behalfof
another person, reasonable evidence of authority to do so, and (C)
sign a receipt on the instrument for any payment made or surrender
the instrument if full payment is made.
(3) Without dishonoring the instrument, the party to whom
presentment is made may (A) return the instrument for lack of a
necessary indorsement, or (B) refuse payment or acceptance for
failure of the presentment to comply with the terms of the
instrument, an agreement of the parties, or other applicable law or
rule.
14. The Plaintiff has refused to comply with the above requirements found in
Florida Commercial Code Section 671.3501 above. The Plaintiff has failed to
exhibit the instrument as requested. It appears that the,original credit card
application is lost or that the Plaintiff is not the as they claim
and that they are -not entitled to enforce the original credit card application. The
Plaintiff must meet the specific requirements under UCC 3-309 and Florida
7
Motion For Relief from Judgment
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FILED; BROWARD COUNTY, EL- Brenda D. Forman, CLERK 7/22/2022 4:30:00 PM.****
Commercial Code Section 671.3309 since the alleged creditor is unable to exhibit
the instrument. As a result, I, Ohad Guzi am entitled to refuse payment pursuant to
UCC § 3-305 and Florida Commercial Code § 671.3305. Florida Commercial
Code § 671.3305 states in part:
(c) Except as stated in subdivision (d), in an action to enforce the obligation of a
party to pay the instrument, the obligor may not assert against the person entitled to
enforce the instrument a defense, claim in recoupment, or claim to the instrument
'
(Section 3306) of another person, but the other person's claim to the instrument
may be asserted by the obligor if the other person is joined in the action and
personally asserts the claim against the person entitled to enforce the
instrument. An obligor is not obliaed to pav the instrument if the person seekinjz
.
enforcementof the instrumentdoes not have rights of a holder in due course and
the oblij:or proves that the instrument is a lost or stolen instrument. (Emphasis
added.)
15. The instrument is lost because of the failure of the alleged creditor,.First
Citizens Bank & Trust, to exhibit the instrument as discussed.
16. The right to enforce the instrument, for the Plaintiff, does not exist
because of the Plaintiffs refusal to exhibit the instrument, thus proving that they
are nt the holder of the original credit card application and they are not acting on
behalf of the actual original credit card application holder pursuant to UCC 3-301
8
Motion For Relief from Judgment
**** EL Brenda D.
FILED: BROWARD COUNTY, Forman, CLERK. 7/22/2022 4:30:00 PM.****
and Florida Commercial Code Section 671.3301. The Plaintiff has not
demonstrated-that they are entitled to enforce the instrument while acting as the
--
original credit card lender's agent and they have not met the requirements under
UCC 3-309. The text of Florida Commercial Code Section 671.3301 is as follows:
671.3301. "Person entitled to enforce" an instrument means (a) the holder of the
instrument, (b) a nonholder in possession of the instrument who has the rights of a
holder, or (c) a person not in possession of the instrument who is entitled to
enforce the instrument pursuant to Section 671.3309 or subdivision (d) of Section
671.3418. A person may be a person entitled to enforce the instrument even though
the person is not the owner of the instrument or is in wrongful possession of the
instrument.
17. With exceptions that typically don't apply, see Fla. Stat. 673.3301, a
prerequisite to sue for credit card cases is that the plaintiff must be the "holder" of
the note. See Booker v. Sarasota, Inc., 707 So. 2d 886 (Fla. 1st DCA 1998) ("to be
the real party in interest on an original credit card application, the plaintiffmust be
the holder of the original credit card application.")
18. In light of the above serious and fatal defects in the Plaintiff' s complaint,
the lack of a valid claim, the lack of standing as a creditor, and the failure to bring
forward anything more than hearsay to support their allegations that they are a
creditor, I move to vacate the judgment and to dismiss this matter in the interest of
justice. The status of the Plaintiff as a stranger to the transaction is proven in the
absence of their ability to prove that they are the holder of the original credit card
9
Motion For Relief from Judgment
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FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 7/22/2022 4:30:00 PM.****
application.
19. The Plaintiffs has refused to exhibit the instrument thus proving that
they are not the holder of the original credit card application, and they are not
acting on behalf of the actual holder pursuant to UCC 3-301 and Florida
Commercial Code Section 671.3301. The Plaintiff has not demonstratedthat they
are entitled to enforce the instrument while acting as the holder's agent and they
have not met the requirements under UCC 3-309.
20. Please also see KELSEY v. SUN TRUST MORTGAGE, (3rd DCA,
2014) 131 So. 3d 825. Under that ruling the Plaintiff is required to provide
admissible evidence that they are the holder in due course of the original note,
Kelsey v. Sun Trust Mortgage, Ord DCA, 2014) 131 So. 3d 825.
21. In Florida, the creditor is required to bring forward a fact witness,
who is familiar with the accounting practices of the lender, is familiar with the
records kept for the specific Defendant in question, and has a history of work
experience with the accounting department operated by the lender and can
thereby establish first-hand knowledge of the account in question and thereby
supplies foundation for the evidence, see § 90.803 of Florida Statutes, 2012.
22. In Kelsey v. Sun Trust, supra, there was no foundation for any of the
documents presented as evidence. In Kelsy v. Sun Trust, supra, The foreclosing
lender relied upon a witness did not present any foundation for the evidence
10
Motion For Relief from Judgment
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FILED:'BROWARDCOUNTY; FL Brenda D. Forman, CLERK. 7/22/2022 4:30:00 PM.****
because she had no first-hand knowledge of the matter, since she was an
outside consultant who was only familiar with the note and mortgage from
examination on the dayaf trial. The evidence must be trustworthy and that
requires authentication of the evidence, which did not occur in this matter. It
also requires someone who has first-hand knowledge of the accounting
records and the accounting practices of the lender. Without an original credit
card application and someone with first-hand knowledge to testify, the
judgment in this matter is a void judgment.
23. To establish its entitlement to foreclosure, SunTrust needed to
introduce the subject note and mortgage, an acceleration letter, and some
evidence regarding the Kelseys' outstanding debt on the note. See Ernest v.
Carter, 368 So. 2d 428, 429 (Fla, 2d DCA 1979) (holding that foreclosure
plaintiffs must show: (1) an agreement, (2) a default, (3) an acceleration of
debt to maturity, and (4) the amount due). Without the proper foundation, the
documents Gergeceff relied upon to establish the amount due on the note were
indisputably hearsay and were not properly authenticated. § 90.803, Fla. Stat.
(2012); Yisrael v. State, 993 So. 2d 952 at 956 (Fla., 2008).
At trial, SunTrust's only testifying witness was Lauren GerpieceffCGergeceff'),a
mediation litigation specialist employed by Nationstar Mortgage, LLC
(PNatidnstar"). Gergeceff testified that she had no independent knowledge of.the
11
Motion For Relief from Judgment
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FILED: BROWARD COUNTY, FL Brenda D. Fornian, CLERK. 7/22/2022 4:3D:00 PM.****
loan, she had only seen the subject note for the first time the day of trial, and had
only become familiar with the mortgage file when she learned the case Was being
tried. The Kelseys objected to Gergeceffs authentication-of the note and mortgage
because she lacked the requisite foundation and she was incompetentto testify
because her purported knowledge was based entirely on out-of-court documents
that had not been made available for inspection, and which were hearsay. The trial
Court overruled the objections, allowed Gergeceffto testify, and admitted the note
and mortgage into evidence.
24. The Court of Appeal in Kelsey v. Sun Trust, supra stated: "The Kelseys
argue, among other things, that the trial court erred in allowing Gergeceffto
authenticate these documents without showing that she was a records custodian or
that she had personal knowledge of the documents. SunTrust filed a partial
concession of error in this Court, admitting that the trial court erred in allowing the
documents, as they are hearsay without the proper authentication. We agree, and
,,
remand for rehearing on that issue.
25. There is nothing in the record reflecting the presentation o f an original
credit card application by the Plaintiff and an assignment to the lender's Asset
Backed Security is not supplied but it is likely they are the actual creditor.-
26. See also Lindsay v. Wells Fargo Bank, NA, 139 So. 3d 903 (Fla. First
DCA; 2013); BAC Funding*Consortium v. Jean Jacques and US Bank, National
12
Motion For Relief from Judgment
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FILED: BROWARD COUNTY, FL0 BreI@a D. Forman, CLERK. 7/22/2022 4:30:00 PM.****
Association, 28 So. 3d 936 (Fla 2nd DCA, 2010); Verizzo v..THE BANK OF
NEW YORK, 28 So. 3d 976 (Fla Second DCA, 2010); Feltus v. US BANK,
NATIONAL ASSOCIATION, 80 So. 3d 375 (Fla. Second DCA, 2012); Kahn v.
Bank of America, 58 So. 3d 927 (Fifth DCA, 2012); Keifert v. Nationstar
Mortgage, 153 So. 3d 351(Fla First DCA, 2014), Monnot v. US Bank,
NATIONAL ASSOCIATION, 188 So. 3d 896 (2016); Gee v. US BANK,
NATIONAL ASSOCIATION, 72 So. 3d 211 (Fla. Fifth DCA, 2011); Rigby v.
Wells Fargo Bank, NA, 84 So. 3d 1195 (Fla. Fourth DCA, 2011); Lamb v.
Nationstar Mortgage, 174 So. 3d 1039 (Fourth Dist. 2015); Duke v. HSBC
Mortgage, 79 So. 3d 778 (Fourth DCA, 2011); Cromarty v. WELLS FARGO
BANK, NA, 110 So. 3d 988 (Fla. Fourth DCA, 2013).
Section B. The nature of the legal tender has not been specified and it appears
that the court is attempting to enforce a debt that violates the US
Constitution, at Article One, Section Ten, the Gold and Silver Coin Cluase.
27. THE CONSTITUTION FOR THE UNITED STATES OF AMERICA
states that "No State shall.......Make anything other than gold and silver coin a
tender in payment of debt".
Section C. The Plaintiff's failure to answer the Answer, Response, Rebuttal,
and Opposition to the Plaintiff's Motion for Summary Judgment and the
13
Motion For Relief from Judgment
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FILED: BROWARD COUNTY, FL Brenda D..Forman, CLERK. 7/22/2022 4:30:00 PM:**** ,
constructive notices they were sent in the mail constitutes an estoppel by
silence.
28. I, Ohad Guzi, the authorized agent for OHAD GUZI, never received any
responses from the Plaintiff to any of the foregoing Notice that were sent to the
Plaintiff. The Plaintiff is in Default and has tacitly agreed and confessed that no
money is owed to them by the Defendant because they have not responded to the
notice that I have sent them. The Plaintiff has fallen silent and under the doctrine
of estoppel by silence and the doctrine of laches and default by tacit procuration,
the Plaintiff has agreed that this alleged debt is not valid, is not enforceable and is
not owed. By said estoppel by silence, the Plaintiff cannot lawfully collect the debt
that they claim that I owe.
29. In the law of estoppel ,"silence" implies knowledge and opportunity to
act upon it. Pence v Langdon 99 U.S. 578, at 581,25 L. Ed. 420; Stewart v.
Wyoming Cattle Ranch Co., 128 U.S. 383,9 S. Ct. 301, 32 L. Ed. 439. Black's
:th
Law Dictionary, 51 Edition.
30. "The elements of equitable estoppel are (1) a representationas to a
material fact that is contrary to a later-asserted position, (2) reliance on that
representation, and (3) a change in position detrimental to the party claiming
estoppel, causdd by the representation and reliance thereon." State v. Harris, 881
So.2d 1079,1084 (Fla. -2004). "[Iln order to work an estoppel, silence must be
14
Motion For Relief from Judgment
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FILED: BROWARD COUNTY, FL- Brenda D. Foman, CLERK 7/22/2022 4:30:00 PM.****
under,such circumstances that there are both a specific opportunity and a real
apparent duty to it.
31. Estoppel By Silence This is -
also known as acquiescence. When a party
is given the opportunity to assert something, but they choose to remain silent, they
are estopped from doing so at a later time as their silence put someone else at a
disadvantageous position earlier. Reliance Estoppel (Detrimental Reliance).
32. Under Florida law, equitable estoppel is an affirmative defense. "The
elements of equitable estoppel are (1) a representationas to a material fact that is
contrary to a later-asserted position, (2) reliance on that representation, and (3) a
change in position detrimental to the party claiming estoppel, caused by the
representation and reliance thereon." State v. Harris, 881 So.2d 1079, 1084 (Fla.
2004). "[I-]n order to work an estoppel, silence must be under such circumstances
that there both
,,
are a specific opportunity and a real apparent duty to speak.'
Thomas v. Dickinson, 30 So.2d 382,384 (Fla. 1947). "The 'representation' upon
which an estoppel may be predicated may consist of words, conduct, or, if there is
a duty to speak, silence." Lloyds Underwriters at London v. Keystone Equipment
Finance Corp., 25 So.3d 89,93.(Fla. 4th DCA 2009) (Citations omitted). "The
conduct ...such as to create an estoppel ...
necessary to a waiver consists.of willful
or negligent words and admissions,- or conduct, acts and acquiescence causing .
another,to believe in a certain.state of things by.which such Other person is or may
Motion For,Relief from Judgment
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FILED: BROWARD COUNTY, FL Brenda D. Forma, CLERK. 7/22/2022 4:30:00 PM.****
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be induced to act to his prejudice. The acts or conduct need not be positive, but can
consist of failure to act or, more particularly, failure to speak when under some
duty to speak." Richards v. Dodge, 150 So.2d 477, 481 (Fla. 2d DCA 1963)
(internal citations omitted).
Section D. The Lower Court lacked Concurrent Federal and State
Jurisdiction
33. It is well known that the Circuit Courts and County Courts have gold
fringed flags in the court rooms in Florida lower courts and other states, see
Exhibit A, a letter from a legislator in California, attached and incorporated by
reference. There have been many times in American history when states of
emergency have triggered structural changes in government which constitute
emergency measures that have been responsive to these states of emergency. These
states of emergency have frequently altered our court's jurisdiction. The best
example are the events that transpired during and after the American Civil War.
-
These states of emergency are described in great length in Senate Report 93-549,
-
US Senate, 1973.
34. Events that occurred on March 9, 1933, involved the Emergency
Banking Bill and the financial crisis that resulted from the excessive national debt
owed to the Federal Reserve, as a consequence of the excessively high fees paid to
16
Motion For Relief from Judgment
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FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 7/22/2022 4:30:00 PM ****
the Federal Reserve for loaning money into circulation with a debt-based currency.
This debt crisis resulted in the
?
bankruptcy of the United States that is discussed
in the speech on the floor of the US House of Representatives by Congressman
Trafficant on March 17, 1993, which is part ofthe Congressional Record.
Congressman Trafficant states in that speech that the United States government is
in Chapter 11 bankruptcy. The Emergency Banking Bill passed on March 9, 1933
discussed the banking crisis and liquidity crisis that flowed from the high fees that
are charged by the Federal Reserve. It appears that the bankruptcy of the United
'
States triggered an inclusionof the state governments in the bankruptcy of the
United States as accommodation parties.
35. The state governments appear to be functioning as instrumentalitiesof
the United States under the bankruptcy of the United States. The use of the gold
fringed flags in court creates a military jurisdiction, see US Army Regulation 840-
10. It is unlawful for the Plaintiffto file a motion or invoke the jurisdiction of the
court unless they have concurrent jurisdiction. When the lower court has federal
-
powers, they are invoking military law, which can only be invoked where there is a
violation ofthe Laws ofWar, see Johnson v. Eisentrager, 339 U.S. 763, (1950).
The Plaintiff has not pled ajurisdictional statement that'supplies concurrent
jurisdiction. Exhibit A provides the court with Evidence of Federal Jurisdiction.
17
Motion For Relief from Judgment
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FILED: BROWARD COUNTY, FL Brenda D. Forman; -CLERK. 7/22/2022 4:30:00 PM.****
36. I am not,currently in the military: I am a state citizen, and not a US
citizen-under the Fourteenth Amendment. A US citizen is a freed slave' or their
-
offspring, see Van Valkenburg v. Brown, 8 Cal. 43 (1872). As a.result of the
foregoing, the court has no concurrentjurisdiction, and this case must be
dismissed.
Section E. Jurisdiction Can Be Challenged at Any Time, Even for the First
Time on Appeal.
37. Subject matter jurisdiction can be challenged at any time in a case, see
State v. Brown, 917 So. 2d 272 at 273 (Fla, Fifth DCA, 2005); Gunn v. State, 947
So. 2d 551 at 551 (2006); Harris v. State, 854 So. 2d 703 at 705 (Fla. Third DCA,
2003); Harrell v. State, 721 So. 2d 1185, at 1 186-1187 (Fla. Fifth DCA, 1998);
State v. Billie, 497 So. 2d 889, (Fla. Second DCA 1986). In Florida, Jurisdiction
can be challenged for the first time on appeal, see Page v. State, 376 So. 2d 901,
(Fla. 2d DCA, 1979); Booker v. State, 497 So. 2d 957 at 958 (Fla. First DCA,
1986); Waters v. State, 354 So. 2d 1277, at 1278 (Fla. Second DCA, 1978).
VERIFIED CLAIM
THIS CLAIM IS MADE WITHIN THE FOLLOWING POLITICAL,
TERRITORIAL, AND CIVIL JURSIDICTION
18
Motion For Relief from Judgment
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FILED: BROWARD COtJNTY, FL Brenda D. Forman, CLERK. 7/22/2022'4:30:00 PM.****
The United States of America under the supreme law of the land set out in the
Constitution ratified (1791 AD) with the State of Florida under its original
Constitution of 1839 was admitted into the Union March 3,-1845 by an act of
Congress.
I, as a man, as Ohad:Gui, Sui Juris, Beneficiary of the paramount trust,
OHAD GUZITM ens legis, domiciled on the soil of Florida, a a beneficiary of, and
with exclusive allegiance to the Governments described in the caption above, and
not politically, territorially, civilly, or legally disabled do make the following
statement of facts. At all times within this matter, it is my intent that my
statements and actions remain within the previously stated political, territorial, and
civil jurisdictions and not be construed any other way.
FACTS
There is no original credit card application presented as evidence in the
above captioned case and there is no one from any creditor who has first-hand
knowledge of the accounting records for the alleged loan for the above described
collateral or first-hand knowledge of the accounting procedures and methods used
by a creditor who has been proven to have possession of the original credit card
application and is the holder in due course of the original credit card application
for the credit card loan described in this case.
19
Motion For Relief from Judgment
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FILED: BROWARD COUNTY; FL 'Brenda D. Forwan, CLERK 7/22/2022 4:30:00 PN[.****
There has been no compliance by the Plaintiff in this matter with Florida
Evidence Rules, 90.803(6), the business records exception to the hearsay rule.
-
see
There has been no one who can prove that they are the custodian of records who
has business records from the transaction of the above referenced credit card loan,
and showing that theyhave trustworthy records that demonstrate their ownerkhip
of the original credit card application. There is also no evidence that the Plaintiff,
and alleged lender, is the ofthe original credit card
application as required under Florida law. The claims by the Plaintiff are not
authenticated.
Because I have an exclusive right, title and interest in the credit account
described above, and to ensure the court does not make any presumptions in
relation to my political, territorialand civil status I, Ohad Guzi, am making the
following claims with reference to the matter, my political, territorial, and civil
status. The Plaintiff has confessed and agreed, by their estoppel by silence, and by
their failure to answer my constructive notice, that I have paid the alleged debt in
full, and they have no documented enforceable claim against me by way of an
original credit card application. By their failure to bring forward the original credit
card application with a witness who is the custodian of records of the actual
creditor; they have admitted and confessed that they are not a custodian of records
20
Motion For Relief from Judgment
****
FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK 7/22/2022 4:30:00 PM.****
in this matter and that they do not have a documentedenforceable interest in the
original credit card application.
Lastly, Plaintiff received, by mail, financial instrument titled Promissory
-
a
Note and never objected to that form of payment and processed the payment in
accordance with the UCC and other applicable law and received notice that the
processing of such payment is an accord and satisfaction of the payment of the
debt for the business loan that is the subject of this case and they, thereby, have
been paid in full under Florida Commercial Code § 673.3111 and the doctrine of
accord and satisfaction applicable under that Section of the Florida Commercial
Code, see Exhibit B.
Respectfully Submitted,
Datei 7/Zz/LOZZ
All Rights Invoked and Retained
By.:0.TD:Gwi
By: Dhad:Guzi, sui juris, unlimited
Benefactor, Authorized representative agent for
OHAD GUZI TM ens legis, Defendant
21
Motion For Relief from Judgment
****FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 7/22/2022 4:30:00 PM.****
Proof Of Service
I,
by:Oha.d:GUE , hereby certify that on -
7/LL/Zou , the foregoing document was filed in the County
Court For the Seventeenth Judicial Circuit for Broward County, Florida and a copy
of the foregoing document Motion for Relief From Judgment, wassent by US
Certified Mail to the following:
Ralph Marcadis
Marcadis Singer, P.A.
5104 South Westshore Blvd.
Tampa FL 33611
Certified Mail: @9 2./ 2720 0000 0964 9449
Date: 2022
biz:
B.
ohad:Gni
Declarant
22
Motion For Relief from Judgment
**-**
FILED: BROWARD COUNTY, FL r,enda D. Fermhk,, CLERK 7/22/2022 4:30:00 PM.**** ..'-, .
LIST OF EXHIBITS
EXHIBIT A A letter from a Legislator in California
EXHIBIT B Promissory Note Tendered for Full Discharge
.
Motion For Relief from Judgment
****
FILED: BROWARD COUNTY, FL Btenda D. Forman, CLERK 7/22/2022 4:30:00 PM.****
Exhibit A
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**** FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 7/22/2022 4t30:00 PM.**** Ohad Guzi, Benefactor In my Private Capacity 3740 North 54th Avenue J7 By #a2 JUL 22 2022 Hollywood, Florida [33021-] IN THE COUNTY COURT FOR THE SEVENTEENTH JUDICIAL CIRCUIT FOR BROWARD COUNTY, FLORIDA First Citizens Bank & Trust, ) COUNTY COURT CASE NO. ) CACE-21-011922 V. ) EX PARTE ) NOTICE OF MOTION AND ) MOTION FOR RELIEF FROM Miami S&E Group, et al ) JUDGMENT ) PURSUANT TO FLORIDA ) RULES OF CIVIL ) PROCEDURE ) RULE 1.540(b) ,. 1. NOTICE IS GIVEN that I, as a man, as Ohad:Guzi, Sui Juris, Beneficiary ofthe paramount trust, OHAD GUZITM ens legis, your Defendant is making a special appearance, and not a general appearance, hereby move the court to vacate the judgment in the interest ofjustice, since the creditor does not have the original credit card application in their possession as required under Florida law, and does not have evidence of their possession of the original credit card application nor has evidence of their possession of the original credit card application and or foundation for any evidence of possession of the original credit card application, which violates the business records exception to the hearsay rule. The name 1 Motion For Relief from Judgment -**** FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 7/22/2022 4:30:00 PM.**** OHAD GUZI is a fictitious name and is not a proper English spelling of the name of Ohad Guzi. The court also lacks concurrent jurisdiction and lacks subject matter jurisdiction as a stranger to the transaction. Elements of fraud and estoppel exist, which are developed below. I, Ohad Guzi, rely upon this motion, the Memorandum of Points and Authorities in Support of the Motion, appended below, and that oral argument that I shall supply in the hearing in this matter. 2. I ask the court to vacate or reverse the final ruling in this matter and dismiss this matter with prejudice in the interest ofjustice, based upon this motion and the Memorandum of Points and Authorities made part of this motion and found below. MEMORANDUM OF POINTS AND AUTHORITIES Section A. Lack of Standing and Capacity, Lack of Subject Matter Jurisdiction. 3. The Plaintiff has violated the rules of evidence and Florida Commercial Code in this matter as a matter of law. Florida law requires the Plaintiff in a creditor claim to establish, through admissible evidence, that they have subject matter jurisdiction as a bona fide creditor. The Florida Commercial Code at Section 671.3501 requires the Plaintiff/Creditor to bring forward the original credit card application when demanded. Furthermore, the Plaintiff as a claimant. must have the original credit card application in their possession as a matter of law, see 2 Motion For Relief from Judgment **** FILED: BROWARD COUNTY, FL Brenda D. Forman, ,'CLERK. 7/22/2022 4:30:00 PM.**** Florida Commercial Code Section 671.3301, see Kelsey v. Sun Trust Mortgage, (3d DCA, 2014) 131 So. 3d 825. 4. The Plaintiff has failed to exhibit the instrument, with indorsements, as required under UCC 3-501 and Florida Commercial Code Section 671.3501 and, therefore, the Plaintiff does not have standing and capacity to bring a civil action against the Defendant because they are attempting to maintain a suit against the Defendant regarding an original credit card application to which they are not a party and for which they are a stranger to the transaction. See also Blue Supply Corp. v. Novos Electro Mechanical, Inc., 990 So. 2d 1157, 1159 (Fla. 3d DCA 2008), which states that a contract between the parties must exist for the Plaintiff to have standing to sue under such a contract. To be the "holder" when it was not the original lender (1) the Plaintiff must be "in possession" of the original credit card application; and (2) the original credit card application must contain an indorsement in blank or an indorsement to the Plaintiff. Absent both of these elements, the Plaintiff is not the "holdef' as a matter oflaw; see also Fla. Stat. 673.2011(2) ("if an instrument is payable to an identified person, negotiation requires transfer of possession.of the instrument and its indorsementby the " holder.") 5. First Citizens Bank & Trust is not in possession of the original credit card application. Also, the Piaintiff never responded to the Answer, Response, Rebuttal, - 3 Motion For Relief from Judgment **** FILED: BROWARD COUNTY. FL Brenda D. Forman, CLERK. 7/22/2022 4:30:00 PM.**** ,- and Opposition to the Plaintiff' s Motion for Summary Judgment, and no hearing was scheduled, which violated my due process rights under the Fifth and Fourteenth Amendment. 6. It is widely recognized in the financial services industry that original credit card applications are routinely destroyed by the banks,as a part of the securitizationscheme. This is done with equipment leases, credit card debt, auto loans, and mortgages. An inciteful comment came from The Florida Bankers ' Associations Comments to the Florida Supreme Court Task Force on Foreclosures. They stated. "Itis a reality of commerce that virtually allpaper documents related to a note and mortgage are converted to electronic jUes almost immediately after the loan is closed. Individual loans, as electronic data, are compiled into portfolios which are transferred to the secondary market,frequently '' as mortgage-backedsecurities. - 7. The commentfrom the Florida Bankers Association continued: "The reason many firms file lost note counts as a standard alternative pleading in the complaint" is because the physical document was deliberately eliminated to avoid confusion immediately upon its conversion to an electronic file." This official banker's report admitted that they deliberately eliminated the original note. The note must be held, with an endorsement by the alleged creditor and Plaintiff, and produced with a qualified fact witness in court under the Florida 4 Motion For Relief from Judgment **** FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 7/22/20224'30:00 PM.**** Evidence Code. in order to ensure that the claims, and the evidence that supports them, is trustworthy. 8. So after the comments were heard, the Chief Justice's Statewide Model Order is entered. On December 28,2009, Chief Justice Peggy A. Quince issued her Order implementing a statewide managed mediation program in new Florida mortgage cases pursuant to the Task Force's recommendations. Each of the 20 circuit chiefjudges now must adopt their own orders based on that this model would apply to credit case cases as well. 9. Bank business loan foreclosure is analogous to mortgage foreclosure, since commercial credit is being loaned in either case. There is a high likelihood that the note was securitized, and the Plaintiff is not the of the original credit card application 10. Subprime business loans have been, and are being, bundled into asset- backed securities ("ABS") and sold to the public as solid, income-producing debt - investments similar to corporate bonds. They're marketed as secure products offering above-average interest. But while a bond may be backed by an issuing company's income and assets, these loan ABS products are backed solely by a pool ofbusiness loans. The loans are bundled and the rights to receive the payments generated by the loans are sold to investors. Those rights are divided 5 Motion For Relief from Judgment **** FILED: BROWARD COUNTY, FL Btenda D. Forman, CLERK. 7/22/2022 4:30:00 PM.**** ,- into tranches ("tranche" being the French word for"slice."). First Citizens Bank& Trust is therefore not a creditor. 11. First Citizens Bank & Trust is likely an originator and sponsor of business loan asset backed securities, and it is likely that they do not own the Ohad Guzi loan, since virtually all of their business loans are securitized. 12. In addition, the Plaintiff lacks standing to proceed in this matter because of a failure to supply admissible evidence that the Plaintiff is the holder of the original credit card application and is entitled to enforce the original credit card application as the holder or as someone who is otherwise entitled to enforce the note pursuant to UCC 3-301 and Florida Commercial Code Section 671.3301. The original credit card application must be indorsed to the Plaintiff or in blank and the original credit card application holder must have the original credit card application in their possession. The original credit card application must be indorsed, see UCC 3-203 and Florida Commercial Code Section 671.3203. Additionally, one of the bank staff, who is familiar with the accounting records and procedures, must testify in court in order for their claims to have foundation. To be the "holder" when it was not the original lender, (1), the Plaintiff must be "in possession" of the original credit card application; and (2) the original credit card application must contain an indorsement in blank or an indorsement to the Plaintiff. Absent both of these elements, the Plaintiff is not the "holder" as a 6 Motion For Relief from Judgment **** FL Brenda D. FILED: BROWARD COUNTY, Forman, CLERK. 7/22/2022 4:30:00 PM.**** matter of law; see also Fla. Stat. 673.2011(2) ("if an instrument is payable to an identified person, negotiationrequires transfer of possession of the instrument and -- -- its indorsement by the holder.") 13. The Plaintiff has steadfastly refused to exhibit the instrument when requested. The duty for a creditor to exhibit the instrument, when requested, is found at UCC 3-501 and Florida Commercial Code Section 671.3501, which states at subsection 2 as follows: (2) Upon demand of tbe person to whom presentment is made, the person making presentment shall (A) exhibit the instrument, (B) give reasonable identification and, if presentment is made on behalfof another person, reasonable evidence of authority to do so, and (C) sign a receipt on the instrument for any payment made or surrender the instrument if full payment is made. (3) Without dishonoring the instrument, the party to whom presentment is made may (A) return the instrument for lack of a necessary indorsement, or (B) refuse payment or acceptance for failure of the presentment to comply with the terms of the instrument, an agreement of the parties, or other applicable law or rule. 14. The Plaintiff has refused to comply with the above requirements found in Florida Commercial Code Section 671.3501 above. The Plaintiff has failed to exhibit the instrument as requested. It appears that the,original credit card application is lost or that the Plaintiff is not the as they claim and that they are -not entitled to enforce the original credit card application. The Plaintiff must meet the specific requirements under UCC 3-309 and Florida 7 Motion For Relief from Judgment **** FILED; BROWARD COUNTY, EL- Brenda D. Forman, CLERK 7/22/2022 4:30:00 PM.**** Commercial Code Section 671.3309 since the alleged creditor is unable to exhibit the instrument. As a result, I, Ohad Guzi am entitled to refuse payment pursuant to UCC § 3-305 and Florida Commercial Code § 671.3305. Florida Commercial Code § 671.3305 states in part: (c) Except as stated in subdivision (d), in an action to enforce the obligation of a party to pay the instrument, the obligor may not assert against the person entitled to enforce the instrument a defense, claim in recoupment, or claim to the instrument ' (Section 3306) of another person, but the other person's claim to the instrument may be asserted by the obligor if the other person is joined in the action and personally asserts the claim against the person entitled to enforce the instrument. An obligor is not obliaed to pav the instrument if the person seekinjz . enforcementof the instrumentdoes not have rights of a holder in due course and the oblij:or proves that the instrument is a lost or stolen instrument. (Emphasis added.) 15. The instrument is lost because of the failure of the alleged creditor,.First Citizens Bank & Trust, to exhibit the instrument as discussed. 16. The right to enforce the instrument, for the Plaintiff, does not exist because of the Plaintiffs refusal to exhibit the instrument, thus proving that they are nt the holder of the original credit card application and they are not acting on behalf of the actual original credit card application holder pursuant to UCC 3-301 8 Motion For Relief from Judgment **** EL Brenda D. FILED: BROWARD COUNTY, Forman, CLERK. 7/22/2022 4:30:00 PM.**** and Florida Commercial Code Section 671.3301. The Plaintiff has not demonstrated-that they are entitled to enforce the instrument while acting as the -- original credit card lender's agent and they have not met the requirements under UCC 3-309. The text of Florida Commercial Code Section 671.3301 is as follows: 671.3301. "Person entitled to enforce" an instrument means (a) the holder of the instrument, (b) a nonholder in possession of the instrument who has the rights of a holder, or (c) a person not in possession of the instrument who is entitled to enforce the instrument pursuant to Section 671.3309 or subdivision (d) of Section 671.3418. A person may be a person entitled to enforce the instrument even though the person is not the owner of the instrument or is in wrongful possession of the instrument. 17. With exceptions that typically don't apply, see Fla. Stat. 673.3301, a prerequisite to sue for credit card cases is that the plaintiff must be the "holder" of the note. See Booker v. Sarasota, Inc., 707 So. 2d 886 (Fla. 1st DCA 1998) ("to be the real party in interest on an original credit card application, the plaintiffmust be the holder of the original credit card application.") 18. In light of the above serious and fatal defects in the Plaintiff' s complaint, the lack of a valid claim, the lack of standing as a creditor, and the failure to bring forward anything more than hearsay to support their allegations that they are a creditor, I move to vacate the judgment and to dismiss this matter in the interest of justice. The status of the Plaintiff as a stranger to the transaction is proven in the absence of their ability to prove that they are the holder of the original credit card 9 Motion For Relief from Judgment **** FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 7/22/2022 4:30:00 PM.**** application. 19. The Plaintiffs has refused to exhibit the instrument thus proving that they are not the holder of the original credit card application, and they are not acting on behalf of the actual holder pursuant to UCC 3-301 and Florida Commercial Code Section 671.3301. The Plaintiff has not demonstratedthat they are entitled to enforce the instrument while acting as the holder's agent and they have not met the requirements under UCC 3-309. 20. Please also see KELSEY v. SUN TRUST MORTGAGE, (3rd DCA, 2014) 131 So. 3d 825. Under that ruling the Plaintiff is required to provide admissible evidence that they are the holder in due course of the original note, Kelsey v. Sun Trust Mortgage, Ord DCA, 2014) 131 So. 3d 825. 21. In Florida, the creditor is required to bring forward a fact witness, who is familiar with the accounting practices of the lender, is familiar with the records kept for the specific Defendant in question, and has a history of work experience with the accounting department operated by the lender and can thereby establish first-hand knowledge of the account in question and thereby supplies foundation for the evidence, see § 90.803 of Florida Statutes, 2012. 22. In Kelsey v. Sun Trust, supra, there was no foundation for any of the documents presented as evidence. In Kelsy v. Sun Trust, supra, The foreclosing lender relied upon a witness did not present any foundation for the evidence 10 Motion For Relief from Judgment **** FILED:'BROWARDCOUNTY; FL Brenda D. Forman, CLERK. 7/22/2022 4:30:00 PM.**** because she had no first-hand knowledge of the matter, since she was an outside consultant who was only familiar with the note and mortgage from examination on the dayaf trial. The evidence must be trustworthy and that requires authentication of the evidence, which did not occur in this matter. It also requires someone who has first-hand knowledge of the accounting records and the accounting practices of the lender. Without an original credit card application and someone with first-hand knowledge to testify, the judgment in this matter is a void judgment. 23. To establish its entitlement to foreclosure, SunTrust needed to introduce the subject note and mortgage, an acceleration letter, and some evidence regarding the Kelseys' outstanding debt on the note. See Ernest v. Carter, 368 So. 2d 428, 429 (Fla, 2d DCA 1979) (holding that foreclosure plaintiffs must show: (1) an agreement, (2) a default, (3) an acceleration of debt to maturity, and (4) the amount due). Without the proper foundation, the documents Gergeceff relied upon to establish the amount due on the note were indisputably hearsay and were not properly authenticated. § 90.803, Fla. Stat. (2012); Yisrael v. State, 993 So. 2d 952 at 956 (Fla., 2008). At trial, SunTrust's only testifying witness was Lauren GerpieceffCGergeceff'),a mediation litigation specialist employed by Nationstar Mortgage, LLC (PNatidnstar"). Gergeceff testified that she had no independent knowledge of.the 11 Motion For Relief from Judgment **** FILED: BROWARD COUNTY, FL Brenda D. Fornian, CLERK. 7/22/2022 4:3D:00 PM.**** loan, she had only seen the subject note for the first time the day of trial, and had only become familiar with the mortgage file when she learned the case Was being tried. The Kelseys objected to Gergeceffs authentication-of the note and mortgage because she lacked the requisite foundation and she was incompetentto testify because her purported knowledge was based entirely on out-of-court documents that had not been made available for inspection, and which were hearsay. The trial Court overruled the objections, allowed Gergeceffto testify, and admitted the note and mortgage into evidence. 24. The Court of Appeal in Kelsey v. Sun Trust, supra stated: "The Kelseys argue, among other things, that the trial court erred in allowing Gergeceffto authenticate these documents without showing that she was a records custodian or that she had personal knowledge of the documents. SunTrust filed a partial concession of error in this Court, admitting that the trial court erred in allowing the documents, as they are hearsay without the proper authentication. We agree, and ,, remand for rehearing on that issue. 25. There is nothing in the record reflecting the presentation o f an original credit card application by the Plaintiff and an assignment to the lender's Asset Backed Security is not supplied but it is likely they are the actual creditor.- 26. See also Lindsay v. Wells Fargo Bank, NA, 139 So. 3d 903 (Fla. First DCA; 2013); BAC Funding*Consortium v. Jean Jacques and US Bank, National 12 Motion For Relief from Judgment **** FILED: BROWARD COUNTY, FL0 BreI@a D. Forman, CLERK. 7/22/2022 4:30:00 PM.**** Association, 28 So. 3d 936 (Fla 2nd DCA, 2010); Verizzo v..THE BANK OF NEW YORK, 28 So. 3d 976 (Fla Second DCA, 2010); Feltus v. US BANK, NATIONAL ASSOCIATION, 80 So. 3d 375 (Fla. Second DCA, 2012); Kahn v. Bank of America, 58 So. 3d 927 (Fifth DCA, 2012); Keifert v. Nationstar Mortgage, 153 So. 3d 351(Fla First DCA, 2014), Monnot v. US Bank, NATIONAL ASSOCIATION, 188 So. 3d 896 (2016); Gee v. US BANK, NATIONAL ASSOCIATION, 72 So. 3d 211 (Fla. Fifth DCA, 2011); Rigby v. Wells Fargo Bank, NA, 84 So. 3d 1195 (Fla. Fourth DCA, 2011); Lamb v. Nationstar Mortgage, 174 So. 3d 1039 (Fourth Dist. 2015); Duke v. HSBC Mortgage, 79 So. 3d 778 (Fourth DCA, 2011); Cromarty v. WELLS FARGO BANK, NA, 110 So. 3d 988 (Fla. Fourth DCA, 2013). Section B. The nature of the legal tender has not been specified and it appears that the court is attempting to enforce a debt that violates the US Constitution, at Article One, Section Ten, the Gold and Silver Coin Cluase. 27. THE CONSTITUTION FOR THE UNITED STATES OF AMERICA states that "No State shall.......Make anything other than gold and silver coin a tender in payment of debt". Section C. The Plaintiff's failure to answer the Answer, Response, Rebuttal, and Opposition to the Plaintiff's Motion for Summary Judgment and the 13 Motion For Relief from Judgment **** FILED: BROWARD COUNTY, FL Brenda D..Forman, CLERK. 7/22/2022 4:30:00 PM:**** , constructive notices they were sent in the mail constitutes an estoppel by silence. 28. I, Ohad Guzi, the authorized agent for OHAD GUZI, never received any responses from the Plaintiff to any of the foregoing Notice that were sent to the Plaintiff. The Plaintiff is in Default and has tacitly agreed and confessed that no money is owed to them by the Defendant because they have not responded to the notice that I have sent them. The Plaintiff has fallen silent and under the doctrine of estoppel by silence and the doctrine of laches and default by tacit procuration, the Plaintiff has agreed that this alleged debt is not valid, is not enforceable and is not owed. By said estoppel by silence, the Plaintiff cannot lawfully collect the debt that they claim that I owe. 29. In the law of estoppel ,"silence" implies knowledge and opportunity to act upon it. Pence v Langdon 99 U.S. 578, at 581,25 L. Ed. 420; Stewart v. Wyoming Cattle Ranch Co., 128 U.S. 383,9 S. Ct. 301, 32 L. Ed. 439. Black's :th Law Dictionary, 51 Edition. 30. "The elements of equitable estoppel are (1) a representationas to a material fact that is contrary to a later-asserted position, (2) reliance on that representation, and (3) a change in position detrimental to the party claiming estoppel, causdd by the representation and reliance thereon." State v. Harris, 881 So.2d 1079,1084 (Fla. -2004). "[Iln order to work an estoppel, silence must be 14 Motion For Relief from Judgment **** FILED: BROWARD COUNTY, FL- Brenda D. Foman, CLERK 7/22/2022 4:30:00 PM.**** under,such circumstances that there are both a specific opportunity and a real apparent duty to it. 31. Estoppel By Silence This is - also known as acquiescence. When a party is given the opportunity to assert something, but they choose to remain silent, they are estopped from doing so at a later time as their silence put someone else at a disadvantageous position earlier. Reliance Estoppel (Detrimental Reliance). 32. Under Florida law, equitable estoppel is an affirmative defense. "The elements of equitable estoppel are (1) a representationas to a material fact that is contrary to a later-asserted position, (2) reliance on that representation, and (3) a change in position detrimental to the party claiming estoppel, caused by the representation and reliance thereon." State v. Harris, 881 So.2d 1079, 1084 (Fla. 2004). "[I-]n order to work an estoppel, silence must be under such circumstances that there both ,, are a specific opportunity and a real apparent duty to speak.' Thomas v. Dickinson, 30 So.2d 382,384 (Fla. 1947). "The 'representation' upon which an estoppel may be predicated may consist of words, conduct, or, if there is a duty to speak, silence." Lloyds Underwriters at London v. Keystone Equipment Finance Corp., 25 So.3d 89,93.(Fla. 4th DCA 2009) (Citations omitted). "The conduct ...such as to create an estoppel ... necessary to a waiver consists.of willful or negligent words and admissions,- or conduct, acts and acquiescence causing . another,to believe in a certain.state of things by.which such Other person is or may Motion For,Relief from Judgment **** FILED: BROWARD COUNTY, FL Brenda D. Forma, CLERK. 7/22/2022 4:30:00 PM.**** -- be induced to act to his prejudice. The acts or conduct need not be positive, but can consist of failure to act or, more particularly, failure to speak when under some duty to speak." Richards v. Dodge, 150 So.2d 477, 481 (Fla. 2d DCA 1963) (internal citations omitted). Section D. The Lower Court lacked Concurrent Federal and State Jurisdiction 33. It is well known that the Circuit Courts and County Courts have gold fringed flags in the court rooms in Florida lower courts and other states, see Exhibit A, a letter from a legislator in California, attached and incorporated by reference. There have been many times in American history when states of emergency have triggered structural changes in government which constitute emergency measures that have been responsive to these states of emergency. These states of emergency have frequently altered our court's jurisdiction. The best example are the events that transpired during and after the American Civil War. - These states of emergency are described in great length in Senate Report 93-549, - US Senate, 1973. 34. Events that occurred on March 9, 1933, involved the Emergency Banking Bill and the financial crisis that resulted from the excessive national debt owed to the Federal Reserve, as a consequence of the excessively high fees paid to 16 Motion For Relief from Judgment **** FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 7/22/2022 4:30:00 PM **** the Federal Reserve for loaning money into circulation with a debt-based currency. This debt crisis resulted in the ? bankruptcy of the United States that is discussed in the speech on the floor of the US House of Representatives by Congressman Trafficant on March 17, 1993, which is part ofthe Congressional Record. Congressman Trafficant states in that speech that the United States government is in Chapter 11 bankruptcy. The Emergency Banking Bill passed on March 9, 1933 discussed the banking crisis and liquidity crisis that flowed from the high fees that are charged by the Federal Reserve. It appears that the bankruptcy of the United ' States triggered an inclusionof the state governments in the bankruptcy of the United States as accommodation parties. 35. The state governments appear to be functioning as instrumentalitiesof the United States under the bankruptcy of the United States. The use of the gold fringed flags in court creates a military jurisdiction, see US Army Regulation 840- 10. It is unlawful for the Plaintiffto file a motion or invoke the jurisdiction of the court unless they have concurrent jurisdiction. When the lower court has federal - powers, they are invoking military law, which can only be invoked where there is a violation ofthe Laws ofWar, see Johnson v. Eisentrager, 339 U.S. 763, (1950). The Plaintiff has not pled ajurisdictional statement that'supplies concurrent jurisdiction. Exhibit A provides the court with Evidence of Federal Jurisdiction. 17 Motion For Relief from Judgment **** FILED: BROWARD COUNTY, FL Brenda D. Forman; -CLERK. 7/22/2022 4:30:00 PM.**** 36. I am not,currently in the military: I am a state citizen, and not a US citizen-under the Fourteenth Amendment. A US citizen is a freed slave' or their - offspring, see Van Valkenburg v. Brown, 8 Cal. 43 (1872). As a.result of the foregoing, the court has no concurrentjurisdiction, and this case must be dismissed. Section E. Jurisdiction Can Be Challenged at Any Time, Even for the First Time on Appeal. 37. Subject matter jurisdiction can be challenged at any time in a case, see State v. Brown, 917 So. 2d 272 at 273 (Fla, Fifth DCA, 2005); Gunn v. State, 947 So. 2d 551 at 551 (2006); Harris v. State, 854 So. 2d 703 at 705 (Fla. Third DCA, 2003); Harrell v. State, 721 So. 2d 1185, at 1 186-1187 (Fla. Fifth DCA, 1998); State v. Billie, 497 So. 2d 889, (Fla. Second DCA 1986). In Florida, Jurisdiction can be challenged for the first time on appeal, see Page v. State, 376 So. 2d 901, (Fla. 2d DCA, 1979); Booker v. State, 497 So. 2d 957 at 958 (Fla. First DCA, 1986); Waters v. State, 354 So. 2d 1277, at 1278 (Fla. Second DCA, 1978). VERIFIED CLAIM THIS CLAIM IS MADE WITHIN THE FOLLOWING POLITICAL, TERRITORIAL, AND CIVIL JURSIDICTION 18 Motion For Relief from Judgment **** FILED: BROWARD COtJNTY, FL Brenda D. Forman, CLERK. 7/22/2022'4:30:00 PM.**** The United States of America under the supreme law of the land set out in the Constitution ratified (1791 AD) with the State of Florida under its original Constitution of 1839 was admitted into the Union March 3,-1845 by an act of Congress. I, as a man, as Ohad:Gui, Sui Juris, Beneficiary of the paramount trust, OHAD GUZITM ens legis, domiciled on the soil of Florida, a a beneficiary of, and with exclusive allegiance to the Governments described in the caption above, and not politically, territorially, civilly, or legally disabled do make the following statement of facts. At all times within this matter, it is my intent that my statements and actions remain within the previously stated political, territorial, and civil jurisdictions and not be construed any other way. FACTS There is no original credit card application presented as evidence in the above captioned case and there is no one from any creditor who has first-hand knowledge of the accounting records for the alleged loan for the above described collateral or first-hand knowledge of the accounting procedures and methods used by a creditor who has been proven to have possession of the original credit card application and is the holder in due course of the original credit card application for the credit card loan described in this case. 19 Motion For Relief from Judgment **** FILED: BROWARD COUNTY; FL 'Brenda D. Forwan, CLERK 7/22/2022 4:30:00 PN[.**** There has been no compliance by the Plaintiff in this matter with Florida Evidence Rules, 90.803(6), the business records exception to the hearsay rule. - see There has been no one who can prove that they are the custodian of records who has business records from the transaction of the above referenced credit card loan, and showing that theyhave trustworthy records that demonstrate their ownerkhip of the original credit card application. There is also no evidence that the Plaintiff, and alleged lender, is the ofthe original credit card application as required under Florida law. The claims by the Plaintiff are not authenticated. Because I have an exclusive right, title and interest in the credit account described above, and to ensure the court does not make any presumptions in relation to my political, territorialand civil status I, Ohad Guzi, am making the following claims with reference to the matter, my political, territorial, and civil status. The Plaintiff has confessed and agreed, by their estoppel by silence, and by their failure to answer my constructive notice, that I have paid the alleged debt in full, and they have no documented enforceable claim against me by way of an original credit card application. By their failure to bring forward the original credit card application with a witness who is the custodian of records of the actual creditor; they have admitted and confessed that they are not a custodian of records 20 Motion For Relief from Judgment **** FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK 7/22/2022 4:30:00 PM.**** in this matter and that they do not have a documentedenforceable interest in the original credit card application. Lastly, Plaintiff received, by mail, financial instrument titled Promissory - a Note and never objected to that form of payment and processed the payment in accordance with the UCC and other applicable law and received notice that the processing of such payment is an accord and satisfaction of the payment of the debt for the business loan that is the subject of this case and they, thereby, have been paid in full under Florida Commercial Code § 673.3111 and the doctrine of accord and satisfaction applicable under that Section of the Florida Commercial Code, see Exhibit B. Respectfully Submitted, Datei 7/Zz/LOZZ All Rights Invoked and Retained By.:0.TD:Gwi By: Dhad:Guzi, sui juris, unlimited Benefactor, Authorized representative agent for OHAD GUZI TM ens legis, Defendant 21 Motion For Relief from Judgment ****FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK. 7/22/2022 4:30:00 PM.**** Proof Of Service I, by:Oha.d:GUE , hereby certify that on - 7/LL/Zou , the foregoing document was filed in the County Court For the Seventeenth Judicial Circuit for Broward County, Florida and a copy of the foregoing document Motion for Relief From Judgment, wassent by US Certified Mail to the following: Ralph Marcadis Marcadis Singer, P.A. 5104 South Westshore Blvd. Tampa FL 33611 Certified Mail: @9 2./ 2720 0000 0964 9449 Date: 2022 biz: B. ohad:Gni Declarant 22 Motion For Relief from Judgment **-** FILED: BROWARD COUNTY, FL r,enda D. Fermhk,, CLERK 7/22/2022 4:30:00 PM.**** ..'-, . LIST OF EXHIBITS EXHIBIT A A letter from a Legislator in California EXHIBIT B Promissory Note Tendered for Full Discharge . Motion For Relief from Judgment **** FILED: BROWARD COUNTY, FL Btenda D. Forman, CLERK 7/22/2022 4:30:00 PM.**** Exhibit A **** aEr-IIk[ G-HVAAOXE[ 'AiNAOO -Ik[ EpuoIE[ 'C[ 'UBUUoxl -NHE['IO EZOZ/ZZ/L t OE 00 ****-IATd '../..32.. IZ 4 :I.f-'* Tll,2. - ' .>....1 .. .. 1 - - i - ti.,46. 1r '. ' '...*,.* ,- ''-,,: . It.r-- -'31 A. j'f ''.' , -, t .:,E -'.r .' 4.,i--4'..1(1. 1' - @ft.%*'::-I.. * ... it i..UiFLBN.F:181. iP. 1. * .. .. 1 + :