The Adverse Claim Mortgage Protocol

Based on the 98-Series Foreign Grantor Trust and ERO Gateway Perfection 

This guide outlines a legal and administrative protocol for executing an adverse mortgage claim.  The framework asserts that a securitized mortgage can be discharged through specific federal tax  accounting procedures, utilizing a 98-Series Foreign Grantor Trust to reconcile commercial ledgers  and extinguish the underlying debt obligation. 

Part 1: The 98-Series Foreign Grantor Trust (FGT) 

A central pillar of this protocol is the establishment of a 98-series International/Foreign Grantor  Trust. According to the framework, only this specific entity possesses the legal taxonomy and  jurisdictional standing to acquire mortgage securities, establish Holder in Due Course (HDC)  standing (under UCC §§ 3-203 and 3-302), and execute corrective tax filings. 

Why a 98-Series Trust? 

The 98-prefix Employer Identification Number (EIN) is issued exclusively by the IRS Cincinnati  International Unit. To qualify, the trust must operate outside domestic jurisdiction by intentionally  failing two tests under 26 CFR § 301.7701-71: 

1. The Court Test Failure: No U.S. court exercises primary supervision over the trust’s internal  administration, placing the entity strictly under private international law. 

2. The Control Test Failure: Non-U.S. persons retain ultimate authority over all substantial  decisions, creating a non-domestic fiduciary jurisdiction. 

By operating “off-board” from the domestic debtor system, the trust executes claims not as  consumer tax refunds, but as administrative merchant-to-merchant ledger adjustments.

Part 2: The “Fill Up” Doctrine and 1099-OID Mechanics 

The protocol invalidates securitized mortgages by leveraging the interaction between commercial  negotiable instrument law and federal tax nominee rules. 

1. Inchoate Instruments and Ex Nihilo Credit 

When a borrower signs a promissory note or mortgage deed, it is delivered in an incomplete  (inchoate) state. Under the UK Bills of Exchange Act 1882 (§ 20) and UCC § 3-115, a signature on  a paper delivered to become a negotiable bill gives prima facie authority to “fill it up” for any  specified amount. 

• The banking syndicate monetizes this biological signature ex nihilo (out of nothing), assigns  CUSIP identifiers, and pools it into Special Purpose Vehicles for secondary market trading. • However, while the banks complete the instrument for trading, they systematically default  on their statutory nominee reporting duties under federal tax law. 

2. IRS Publication 1212 & The Nominee Middleman 

IRS Publication 1212 governs Original Issue Discount (OID) instruments. It dictates that if an  institution holds an OID debt instrument as a nominee or middleman (e.g., in “street names” via  Cede & Co.), it must file Form 1099-OID to show the proper allocation of OID interest to the true  beneficial owner. 

3. The Corrective Filing 

When the institutional nominee fails to file this secondary Form 1099-OID, the Foreign Grantor  Trust (holding HDC standing) steps in to execute a corrective Form 1099-OID filing. This  administrative “fill up” on federal Master Files unmasks the bank not as a creditor advancing risk  capital, but as a mere withholding agent managing human credit energy. 

Part 3: The Mechanics of Debt Discharge 

Filing the corrective 1099-OID triggers a complete mathematical and legal discharge of the  underlying loan contract through three primary mechanisms:

1. Mathematical Baseline Re-Balancing: Because the initial credit was created ex nihilo, the  initial issue price is zero, making the OID equivalent to the entire face value. When the IRS  e-file gateway accepts the corrective 1099-OID (evidenced by a 20-digit Submission ID and  26-digit IRMF DLN string), it confirms the U.S. Treasury has accepted the credit redirection,  balancing the primary debt entry to zero. 

2. Extinguishment under Accessorium Sequitur Principale: A mortgage has no independent  legal existence; it is an accessory security interest to the principal debt. Under the classical  property maxim accessorium sequitur principale (the accessory follows the principal), if the  underlying primary debt is zeroed or discharged, the accessory security interest vanishes  simultaneously. 

3. Destruction of the Power of Sale: Statutes like the UK Law of Property Act 1925 (§ 106)  limit a party’s power of sale strictly to entities “entitled to receive and give a discharge for  the mortgage money.” Because the primary debt is mathematically zero-balanced via  Treasury reconciliation, the servicing bank is no longer entitled to discharge the money,  rendering any pending foreclosure a legal nullity. 

Part 4: Countering the Indenture Trustee’s Defenses 

In court, Indenture Trustees often attempt to dismiss these claims by arguing that a tax filing cannot  unilaterally alter a private contract. The protocol dictates a multi-tiered legal counter-defense: 

1. Rebutting the “Unilateral Tax Filing” Defense 

The protocol does not claim a tax form magically cancels a contract. Instead, it relies on IRS  Publication 1212’s mandate for nominee corrections. The 1099-OID is a statutory correction  authorized for the true beneficial owner. IRS Modernized e-File (MeF) gateway acceptance is  database-verified proof of top-tier ledger reconciliation, not merely a personal, unverified claim. 

2. Enforcing the Accessory Rule 

The protocol emphasizes that it does not directly “cancel” a mortgage charge. Instead, the MeF  gateway XML acceptance log proves the primary debt was zeroed. Under accessorium sequitur  principale, once the principal debt disappears, the accessory mortgage charge vanishes as a matter  of law, leaving the bank with no principal debt to secure.

3. Collapsing Statutory Power of Sale Claims 

Banks may rely on equitable assignment precedents (like the Skelwith exception) to claim a  statutory power of sale. However, because the primary debt is zeroed, the institution loses statutory  standing under LPA 1925 § 106. The Skelwith exception becomes inapplicable. 

4. Judicial Estoppel: The “Cannot Have It Both Ways” Doctrine 

The Indenture Trustee cannot enforce a mortgage note as a liquid, transferable negotiable  instrument for the purpose of foreclosure (under UCC Article 3 / BEA 1882), while simultaneously  denying its character as a negotiable instrument carrying OID (under IRC § 1273 and Pub 1212) to  evade tax liabilities. If it is negotiable for foreclosure, it is negotiable for OID nominee tax  reconciliation. 

5. Piercing Intermediary Safe Harbor (UCC § 8-115) 

When a trustee is served with a notarized Notice of Adverse Claim (UCC § 8-105) alongside MeF  gateway acceptance logs, their “good-faith” safe harbor under UCC § 8-115 is pierced. Proceeding  with foreclosure while concealing this top-tier Treasury reconciliation constitutes: 

• Actionable fiduciary neglect (TIA § 315(c)) 

• Unlawful impairment of discharge rights (TIA § 316(b)) 

• Constructive fraud upon the court (under the Lazarus Doctrine).

The adverse claim mortgage protocol

The Adverse Claim Mortgage Protocol