Affidavits & Legal Notices
Timeline: Weeks 3-4
Establish facts through sworn statements, notify parties of violations, and create legal presumptions. These documents shift the burden of proof and put the other party on the defensive.
After gathering information (or documenting their failure to provide it), Phase 2 establishes your position on the record. Unrebutted affidavits stand as truth in commerce. Notices create liability for continued violations. These documents transform your position from passive borrower to active challenger.
Legal Maxim: "He who does not deny, admits."
Legal Maxim: "Silence is acquiescence."
Phase 2 Templates
Sworn statement establishing facts about money creation and your promissory note. If unrebutted within 30 days, stands as truth in court. Creates legal presumption of facts in your favor.
The core challenge: prove you provided consideration or the contract is void. Exposes that banks create money from your note rather than lending existing funds. Their silence becomes admission.
Lists specific federal crimes being committed: involuntary servitude, peonage, mail fraud, extortion. Creates personal liability for anyone who continues after notice. Misprision of felony warning.
Formally disputes the entire debt under FDCPA, FCRA, and UCC. Stops collection activity, forces "disputed" notation on credit reports, and prevents foreclosure on disputed debt.
How to Use Phase 2
- Wait for Phase 1 responses — Use their failures as evidence in Phase 2
- Start with Affidavit of Truth — Establishes your factual foundation
- Send Notice of Lack of Consideration — The core challenge to contract validity
- Send Notice of Disputed Debt — Activates legal protections
- Consider Criminal Violations notice — Maximum pressure if needed
- Record at county recorder — Creates public record of your position
The Affidavit of Truth must be notarized to have legal effect. Take it to a notary public and sign in their presence. Keep the original and send certified copies.
The Power of Unrebutted Affidavits
- Admissible evidence — Can be used in court proceedings
- Creates presumption — If unrebutted, facts are presumed true
- Perjury weight — Signed under penalty of perjury
- Shifts burden — Opponent must rebut point-by-point
- Public record — Can be recorded for notice
To rebut an affidavit, the opponent must:
- Respond point-by-point to each statement
- Provide their own sworn statements under penalty of perjury
- Attach supporting evidence
- Respond within the stated timeframe (usually 30 days)
Most opponents won't go through this process, especially if your statements are true.
Strategic Sequencing
- Affidavit of Truth — Establishes your factual position first
- Notice of Lack of Consideration — The core challenge
- Notice of Disputed Debt — Activates FDCPA/FCRA protections
- Notice of Criminal Violations — Only if they continue after warnings
Send to: CEO, Board of Directors, General Counsel, Servicer, and any attorneys involved. The more people with notice, the more personal liability exposure.
What to Expect
- Silence — Most common. Their failure to rebut = admission
- Form letter denial — Not a point-by-point rebuttal, still inadequate
- Acceleration of foreclosure — They may try to speed up. Be prepared.
- Offer to negotiate — Sign of weakness. Don't settle cheap.
- Actual rebuttal — Rare. Analyze carefully for weaknesses.
Next Phase
After establishing facts and sending notices, if they still don't respond appropriately or continue illegal collection, proceed to Phase 3: Court Filings & Legal Actions to take offensive legal action.