Phase 5 • Alternative Strategy

Notice of Conditional Acceptance

Acceptance Upon Proof of Claim

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Template Type
Commercial Notice
Strategy
"Yes, But..." Approach
Primary Effect
Burden Shift
Response Period
30 Days

The Strategic Trap

This document agrees to pay the debt - but only if they can prove certain basic facts. Since they typically cannot prove these facts (because no actual money was lent from pre-existing funds), they are trapped:

This shifts burden of proof to them while appearing cooperative.

Purpose and Effect

A conditional acceptance is a contract law concept. By accepting their claim conditionally, you avoid outright refusal (which can be used against you) while requiring them to substantiate what they claim. This creates a documented record of their inability to prove the foundation of their claim.

The conditions focus on fundamental elements of contract law: consideration, standing, ownership, and disclosure - all areas where traditional lending claims are weakest.

Notice of Conditional Acceptance Template

NOTICE OF CONDITIONAL ACCEPTANCE
Acceptance Upon Proof of Claim

Date: [DATE]

FROM:
[YOUR FULL LEGAL NAME]
[YOUR ADDRESS]
[CITY, STATE ZIP]
("Alleged Debtor")

TO:
[SERVICER/BANK NAME]
[ADDRESS]
[CITY, STATE ZIP]
("Alleged Creditor")

RE: Alleged Account/Loan Number: [ACCOUNT NUMBER]

NOTICE TO PRINCIPAL IS NOTICE TO AGENT
NOTICE TO AGENT IS NOTICE TO PRINCIPAL

I. Statement of Conditional Acceptance

I, [YOUR NAME], hereby provide this Notice of Conditional Acceptance regarding the above-referenced alleged debt.

I AM WILLING TO PAY ANY LAWFUL DEBT THAT I OWE.

However, I require verification of certain facts before I can determine whether a lawful debt exists. I hereby CONDITIONALLY ACCEPT your claim upon your ability to provide verified proof of the following conditions:

II. Conditions That Must Be Proven
1 PROOF OF CONSIDERATION

Provide verified proof that you gave adequate consideration for the alleged debt. Specifically:

  • Identify the specific account from which funds were transferred to fund the loan
  • Provide certified copies of the accounting ledger showing money leaving your account
  • Prove that you risked or lost something of value
  • Show that you had the funds BEFORE making the loan
2 PROOF OF LOSS

Provide verified proof that you suffered an actual loss. Specifically:

  • Show reduction in your assets when loan was made
  • Prove you cannot recover if I don't pay
  • Demonstrate actual damages, not speculative
  • Provide audited financial statements showing loss
3 PROOF OF OWNERSHIP

Provide verified proof that you own the alleged debt. Specifically:

  • Produce the original "wet-ink" promissory note
  • Provide complete chain of title from origination
  • Show all assignments and transfers with dates
  • Prove note and mortgage were never separated
4 PROOF OF AUTHORITY

Provide verified proof of your authority to collect. Specifically:

  • Corporate charter authorizing lending in this state
  • License to operate as lender/servicer
  • Power of attorney if collecting for another
  • Proof of standing to enforce the note
5 PROOF OF ACCOUNTING

Provide verified proof of proper accounting. Specifically:

  • Show how the loan was booked under GAAP
  • Explain whether my note was recorded as an asset
  • Clarify if offsetting liabilities were created
  • Confirm no money was created from my signature
6 PROOF OF NO SECURITIZATION DEFECTS

Provide verified proof regarding securitization. Specifically:

  • Swear under oath the loan was never securitized, OR
  • If securitized, provide all documentation
  • Name the trust and provide Pooling and Servicing Agreement
  • Prove compliance with REMIC requirements and trust closing date
7 PROOF OF DISCLOSURE

Provide verified proof of full disclosure. Specifically:

  • Show where you disclosed how money would be created
  • Point to disclosure that funds came from bookkeeping entries
  • Provide notice that my note would be treated as an asset
  • Explain why these material facts were not disclosed
YOU HAVE 30 DAYS TO PROVIDE THIS PROOF
Deadline: [DATE + 30 DAYS]
III. Upon Your Proof, I Will
  1. Immediately pay any lawful debt proven to exist
  2. Provide payment in full within 30 days of verification
  3. Cease all challenges to the validity of the debt
  4. Acknowledge the debt as valid and enforceable
  5. Cooperate fully with reasonable payment arrangements

I am ready, willing, and able to pay any lawful debt upon proof of your claim.

IV. Failure to Provide Proof

Your failure to provide the requested proof within 30 days constitutes:

  1. Admission that no lawful debt exists
  2. Admission that no consideration was provided
  3. Admission that you lack standing to collect
  4. Agreement to cease all collection efforts
  5. Agreement to mark any credit reporting as "Paid/Satisfied"
  6. Estoppel from future claims on this matter
  7. Evidence of fraudulent collection attempts
V. Affidavit Requirement

All proofs must be provided via sworn affidavit by a competent witness with first-hand knowledge. The affiant must:

  • Have personal knowledge of the facts sworn to
  • Be competent to testify
  • Swear under penalty of perjury
  • Provide their full name and title
  • Attach all supporting documentation

Unsworn statements, form letters, or computer-generated responses are not acceptable.

VI. Reservation of Rights

I reserve all rights, remedies, and defenses available at law and equity, including but not limited to:

  • The right to challenge jurisdiction
  • The right to dispute the debt
  • The right to discovery
  • The right to jury trial
  • The right to counterclaim
  • All constitutional rights

This conditional acceptance is not an admission of any debt or waiver of any rights.

Verification

I verify under penalty of perjury that I am ready, willing, and able to pay any lawful debt upon proof of the above conditions.

Executed on this [DAY] day of [MONTH], [YEAR].

[YOUR SIGNATURE]

_________________________________
[YOUR PRINTED NAME]
Without Prejudice, UCC 1-308

Legal Basis for Conditions

Why They Can't Provide This Proof

Banks create money when they make loans - they don't lend pre-existing money. This is confirmed by:

Since no money was actually lent from pre-existing funds (it was created through bookkeeping entries), they cannot prove consideration, loss, or proper disclosure. This conditional acceptance exposes this fundamental issue.

Sending Checklist

Expected Responses and Next Steps

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