Domicile in NV? Somewhat different circumstances than others?

[wajell]

Not sure why this is so hard for you? Escapees offers documentation about domicile issues in FL, SD and TX - BECAUSE IT IS ALLOWED in those states.

I have used my Escapees address as a "physical address" for financial institutions. Some don't like it but they really don't have a choice do they? You are NOT a resident of the US. You are a resident of a STATE. Again, something to do with the Constitution. (At least for now)

Honestly, it really isn't that difficult.

[Jim2]

"2) I don't think I ever said it was a "state issue". It may well be the result of the Patriot Act. But if Texas allows and recognizes the address as legal, there isn't much the Feds can do about it is there? Something to do with the Constitution. "

where does the constitution say the Feds don't have the right to regulate federally licensed banks & financial institutions? There are many federal laws & regulations that over rule various state laws or state court findings.

Your congress passed a law that requires all federally regulated banks & financial institutions to implement a CIP (customer identification program) to verify the identity & primary residence of all new customers. Failure to comply risks them losing their federal banking charter, so they take this seriously.
The fact that the state of Tx and Polk county were forced by court order to recognize the Escapees address for voting purposes, & official address within Tx has nothing to do with whats acceptable under the Federal CIP requirements. In fact if you read the Escapees forum, many Escapees have recently had their bank, credit card or investment firm challenge their primary residence address. Most of this address verification is done via computer and the USPS database used has all mail forwarding locations, including Escapees, clearly flagged as a commercial mail address.
Fortunately the same Federal law also provides an easy solution for those who don't have an acceptable primary residence address, it allows for you to give the address of a close friend or relative. Just make it clear that address should be for CIP verification only & have no impact on the tax location of the account, your mail forwarding address should remain the address of record on the account.
Since this is all fairly recent and still being implemented by many banks, the trick is finding someone at the bank willing to accept your alternate address, as allowed by the law.

This is just one of many state & federal laws that were never written to allow for folks who have no fixed street address. The Escapees court win is great inside Tx, but has little meaning outside the state.

[Jim2]

"You are NOT a resident of the US. You are a resident of a STATE. Again, something to do with the Constitution. (At least for now)"
Your never going to win that argument in Federal court. Lets look at another recent example, the Real ID law. States control issuing your drivers licenses, but congress had no problem requiring all states to make you bring in your passport, social security card, birth certificate, etc in order to get a new license. The few states who resisted were going to have their residents refused entry into any secure federal building, base or prevented from boarding any airplane secured by the TSA. The last few holdout states have now given in and complied.


You're right, it isn't that difficult. But there are both state and federal requirements to be dealt with.

[wajell]

Originally Posted by Jim2

"You are NOT a resident of the US. You are a resident of a STATE. Again, something to do with the Constitution. (At least for now)"
Your never going to win that argument in Federal court. Lets look at another recent example, the Real ID law. States control issuing your drivers licenses, but congress had no problem requiring all states to make you bring in your passport, social security card, birth certificate, etc in order to get a new license. The few states who resisted were going to have their residents refused entry into any secure federal building, base or prevented from boarding any airplane secured by the TSA. The last few holdout states have now given in and complied.

You're right, it isn't that difficult. But there are both state and federal requirements to be dealt with.

Whatever Jim. How many Federal Drivers Licences have you seen in your life issued to civilians?

Real ID "Last few holdout states"? Have you checked the DHS website lately?

"Your never going to win that argument in Federal court." What "argument"? That you aren't a resident of a state?

There sure are a lot experts out here.

[twogypsies]

Originally Posted by TechWriter

Yep, I'm a card carrying member. Escapees does a fine job of documenting domicile issues in TX, SD, and FL, but next to nothing for any other states.



It doesn't work that way. The 2000 Escapees court decision looks like a state voting rights issue.

Would be curious to know if anyone has used an Escapees PMB for BOA, Fidelity, or other financial institution asking for a physical address.

If you're a card carrying member then it's surprising that you didn't know about their success in advocacy for various issues. Recently, since they're now offering a SD address for registering, right away there was a glitch at the SD end and folks were having problems registering. Escapees easily solved the issue. Escapees works for full-timers.

The 2000 court decision went to the federal level. It didn't stop at the state.

Yes, we use Bank of America, Wells Fargo, Fidelity and Vanguard for our financial matters with the Escapees address. There has never been any question about the address.

Why are you so stubborn about this? The mail service has thousands of subscribers. Obviously, they have no problems or they wouldn't continue using the service. Comments on the forums about having problems with mail forwarding is by those using other mail forwarding companies.

[Jim2]

"Your never going to win that argument in Federal court." What "argument"?


Its your argument above, that the constitution prevents the federal gov from defining what's an acceptable "primary residence address" under federal laws. I believe your words were, " But if Texas allows and recognizes the address as legal, there isn't much the Feds can do about it is there? Something to do with the Constitution."


Its whatever you meant by that, which is the losing argument. Yes there is something they can do about it, they can and have required the federally regulated bank to close your account. If you ignore the CIP verification request, you will eventually get a letter saying, since we can not verify your primary residence address as required by federal law, we will be closing this account and mailing you a check for the balance. I know of 6 Escapees who have reported getting such a letter so far, but were able to avoid the closing by providing an acceptable alternate address for CIP. Others when questioned while opening an account, have voluntarily moved their account to a more friendly bank or investment firm, or one that isn't strictly enforcing CIP yet. Its not the fault of Escapees, its happening at all the major mail forwarding outfits. They are all flagged as commercial mail address in the federal database used to confirm residential addresses.
Its great that it hasn't happened to you, or many others. But there are plenty of fulltimers out there who have experienced the issue, both Escapees and others. It seems to be hit & miss as these regulations are just finally being implemented & enforced. Many haven't been effected because the law only requires it for "new" accounts. So if all your accounts are from long term relationships, it doesn't apply right now.


PS: I'm a longtime supporter, Lifetime member of Escapees and user of their mail service (although not for my domicile). This issue has nothing to do with that fine organization, its a federal law that effects us all regardless of which state or mail service you use. The only reason I responded was to counter your claim that Federal laws don't apply in Tx, and you're probably not the only Texan who wishes that were true.

[TechWriter]

Originally Posted by twogypsies

The 2000 court decision went to the federal level. It didn't stop at the state.

How so?

Originally Posted by twogypsies

Why are you so stubborn about this?

Because if you're under 65, TX and SD are very poor choices for domiciles because neither of these states offer good health plans for RVers -- especially in Livingston (Polk County).

When I've asked Escapees, their affiliates (like RVer Insurance Exchange), and supporters, why they don't provide resources like potential domicile info on other states (besides SD, TX, and FL), I either get no answer or something vague.

I suspect that Escapees is just acting out of self interest -- why pitch other states where their mail service is not available.

Originally Posted by twogypsies

The mail service has thousands of subscribers. Obviously, they have no problems or they wouldn't continue using the service. Comments on the forums about having problems with mail forwarding is by those using other mail forwarding companies.

Yes, the Escapees mail service is supposed to be very good.

No, people also complain about Escapees mail service -- just do a search on the Escapees site Escapees Discussion Forum.

[wajell]

There are some people who will never "get it". They like to stir up "problems" just so people will pay attention to them. I suspect this is what is going on here. Time to block updates from this thread, move on to intelligently discussed topics and leave this one behind where it belongs.

[TechWriter]

Originally Posted by twogypsies

The 2000 (Escapees) court decision went to the federal level. It didn't stop at the state.

The 2000 case was started by a local politician (B. E. "Slim" Speights) who lost an election and wanted to throw out "en masse" all the Escapee member votes because he said the members were not bona fide residents.

The case was also taken to the US District Court in TX on the grounds that the Federal Voting Rights Act of 1965 was violated. The district court ruled that this was a state, not a Federal, case. (See Curtis v. Smith, 145 F. Supp. 2d 814 (E.D. Tex. 2001) :: Justia)

Finally, in 2002 the Court of Appeals of TX ruled that the politician did not meet the burden of proof for showing all Escapees did not meet TX residency and voter registration requirements. (See SPEIGHTS v. WILLIS | FindLaw)

So?

This is a TX state voting rights case, and not as far reaching as some believe.

For example, the case has nothing to do with making an Escapees PMB valid for Patriot Act customer identification requirements for financial institutions.

[bonzocfi]

I'd be great to get back on topic.