Affidavit of Truth
A sworn statement establishing facts about money creation and your promissory note. If unrebutted within 30 days, stands as truth in court. Creates legal presumptions in your favor.
Legal Maxim: "He who does not deny, admits."
Legal Maxim: "A matter must be expressed to be resolved."
- Unrebutted affidavits stand as truth in commerce and law
- Creates presumption of fact that opponent must overcome
- Admissible as evidence in court proceedings
- Perjury penalties give it serious weight
- Record at county recorder for public notice
This affidavit is signed under penalty of perjury. False statements are punishable by fines and imprisonment under 18 U.S.C. § 1621. Only state facts you know to be true. Do not guess or speculate. Every statement must be within your personal knowledge.
Template
AFFIDAVIT OF TRUTH
Regarding: Money Creation Through Promissory Notes
In Support of: Challenge to Alleged Debt
State of [YOUR STATE]
County of [YOUR COUNTY]
I, [YOUR FULL LEGAL NAME], being first duly sworn upon oath, depose and state as follows:
AFFIANT IDENTIFICATION
- I am over the age of eighteen (18) years and competent to testify.
- I have personal knowledge of the facts stated herein.
- All facts stated herein are true, correct, and complete to the best of my knowledge and belief.
- I am the borrower/mortgagor on the loan referenced herein.
DEFINITIONS USED IN THIS AFFIDAVIT
STATEMENT OF FACTS
I have standing to make these statements as the creator of the promissory note in question.
1. On or about [LOAN DATE], I executed a promissory note in the amount of $[LOAN AMOUNT] with [ORIGINAL LENDER NAME].
2. At the time of signing, I believed I was borrowing pre-existing money from the lender's assets or deposits.
3. I have since learned through research and federal publications that banks do not lend depositors' money or their own assets when making loans.
4. According to the Federal Reserve Bank of Chicago's publication "Modern Money Mechanics," commercial banks create new money when they make loans.
5. The Bank of England's 2014 publication "Money Creation in the Modern Economy" states: "Whenever a bank makes a loan, it simultaneously creates a matching deposit in the borrower's bank account, thereby creating new money."
6. My promissory note is a negotiable instrument under UCC § 3-104, having value as an asset.
7. Upon information and belief, the lender deposited my promissory note as an asset on their books and created a corresponding liability (deposit) in my account.
8. The alleged "loan" was actually an exchange of my promissory note (an asset with value) for credits in my account.
9. Federal Reserve Notes themselves are evidence of promissory obligations, as stated in 12 U.S.C. § 411.
10. In our current monetary system, where all currency consists of promises to pay, my promissory note constitutes payment, not a loan to be repaid.
11. The lender provided no consideration from their own assets for my promissory note.
12. The lender never disclosed that they would:
- Deposit my promissory note as an asset
- Create new money from my signature
- Not lend me pre-existing money
- Effectively exchange my note for credits
13. Had I known the true nature of this transaction, I would have understood that:
- I was providing the value (my promissory note)
- The lender was merely processing my note
- No pre-existing money was lent
- I was essentially paying for the property with my promissory note
14. The lender has or will potentially:
- Sell my note for profit
- Securitize my note for additional profit
- Collect insurance if I default
- Receive tax benefits from any loss
- All while claiming I owe them money
15. Under the principle that promissory notes ARE payment in our debt-based monetary system, I have already paid for the property in full with my promissory note.
16. Any demand for additional payment, without the lender having provided consideration, constitutes:
- Lack of consideration making the contract void
- Unjust enrichment
- Fraud in the inducement
- Violation of Truth in Lending Act
17. I never agreed to create money for the bank's benefit while also paying interest on my own creation.
18. The current monetary system operates on the principle that all money is created from debt, specifically from promissory notes like mine.
19. If my promissory note was discounted at the Federal Reserve discount window under 12 U.S.C. § 347, it was directly monetized into Federal Reserve Notes.
20. I reserve all rights and defenses under law, including but not limited to:
- Lack of consideration
- Fraud in the factum
- Fraud in the inducement
- Failure of consideration
- Accord and satisfaction
- Payment already made via promissory note
CLAIMS AND DEMANDS
Based upon the foregoing facts, I claim and demand:
- The alleged debt is satisfied by my promissory note which constituted payment.
- No lawful debt exists as no consideration was provided by the lender.
- Any foreclosure action lacks standing as the debt is disputed and potentially void.
- All negative credit reporting must cease immediately.
- The lender must either:
- Prove they provided consideration from their own assets, OR
- Return my promissory note marked "PAID IN FULL", OR
- Provide the deed to the property free and clear
OPPORTUNITY TO REBUT
Any party claiming an interest adverse to the claims made in this affidavit has thirty (30) days from receipt to rebut any statement herein, point-by-point, with specificity, under oath, with supporting evidence. Failure to rebut shall constitute agreement with and admission of all statements herein.
RESERVATION OF RIGHTS
I reserve all rights without prejudice to any of my rights. I do not waive any rights or defenses, all of which are expressly reserved. This affidavit is made without prejudice UCC 1-308.
Further affiant sayeth naught.
DATED this [DAY] day of [MONTH], [YEAR].
[YOUR PRINTED NAME], Affiant
Notary Acknowledgment
State of [STATE]
County of [COUNTY]
Subscribed and sworn to (or affirmed) before me this _____ day of _____________, 20___, by [AFFIANT'S NAME], who proved to me on the basis of satisfactory evidence to be the person who appeared before me.
Notary Public
My Commission Expires: _________________
[NOTARY SEAL]
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of this Affidavit of Truth has been sent via Certified Mail, Return Receipt Requested, to the following parties:
- [Current Servicer Name and Address]
- [Original Lender (if different)]
- [Alleged Note Holder (if known)]
- County Recorder (for public record)
Certified Mail Numbers:
- #[Tracking Number]
- #[Tracking Number]
- #[Tracking Number]
Post-Execution Instructions
- Have affidavit notarized — REQUIRED for legal effect
- Record at county recorder's office for public notice
- Send certified mail to all parties claiming interest
- Keep original in safe place
- Calendar 30 days for rebuttal period
- If no rebuttal, document their acquiescence
What Happens After 30 Days
All statements in the affidavit are deemed admitted and stand as unrebutted truth. Create a "Notice of Default and Dishonor" documenting their failure to rebut.
A generic denial without point-by-point rebuttal under oath is not sufficient. Their failure to properly rebut still results in the affidavit standing.
Analyze their rebuttal carefully. If they claim consideration was provided, demand proof. Often their "rebuttal" will actually help your case by revealing more.
Legal Citations
UCC § 1-308 — Reservation of rights
12 U.S.C. § 411 — Federal Reserve Notes as obligations
12 U.S.C. § 347 — Discount window operations
18 U.S.C. § 1621 — Perjury penalties
Related Templates
- Notice of Lack of Consideration — The core challenge
- Notice of Disputed Debt — Activates FDCPA protections
- Qualified Written Request — Information demand