Trust Info

The nature, history and formation of Trusts.

Trust Info

Postby treeman » Wed Feb 09, 2011 12:39 pm

Copyright Trademark Name Claim
http://www.fmotl.com/forum/viewtopic.php?f=70&t=682


UK version of a DIB hearing
http://www.ico.gov.uk/

I'll send it as a true certified copy with the indenture (Grantor copy and trustee copy), affidavit of ob, cert of dishonor, soi and noi.

CW's last audio at 40mins and then again at 1hr 26 (17th Feb)
www.movingtitles.com audio section

Making the law
http://books.google.co.uk/books?id=zQmMYlQ2l8QC&dq=the+law+on+bills+google+books&printsec=frontcover&source=in&hl=en&ei=F3lhS7E1mrLSBI6PxeIM&sa=X&oi=book_result&ct=result&resnum=12&ved=0CCoQ6AEwCw#v=onepage&q=&f=true

The law on bills
http://books.google.co.uk/books?id=zQmMYlQ2l8QC&dq=the+law+on+bills+google+books&printsec=frontcover&source=in&hl=en&ei=F3lhS7E1mrLSBI6PxeIM&sa=X&oi=book_result&ct=result&resnum=12&ved=0CCoQ6AEwCw#v=onepage&q=&f=true

The Quistclose Trust: Critical Essays
http://books.google.co.uk/books?id=8vPVZ2lQGLwC&pg=PA105&lpg=PA105&dq=smith+v+hurst,+10+hare,+30&source=bl&ots=ipfE1JQ0qO&sig=FEnjANfCia2sNQOL40U1nYnc4qY&hl=en&ei=XEFjS4OEDZz-0gSn9PnVBg&sa=X&oi=book_result&ct=result&resnum=1&ved=0CAcQ6AEwAA#v=onepage&q=smith%20v%20hurst%2C%2010%20hare%2C%2030&f=false

jerry kane
http://privateaudio.homestead.com/Jerry-Kane.html
password: makeme

http://news.sky.com/skynews/Home/Business/Supreme-Court-Backs-High-Street-Banks-On-Overdraft-Charges/Article/200911415467392?lpos=Business_Carousel_Region_0&lid=ARTICLE_15467392_Supreme_Court_Backs_High_Street_Banks_On_Overdraft_Charges

http://news.bbc.co.uk/1/hi/uk_politics/8361015.stm

that’s a biggy ^

http://news.bbc.co.uk/1/hi/uk/8191915.stm

http://www.jstor.org/pss/1111123?cookieSet=1

http://www.archive.org/stream/cu31924021862333#page/n27/mode/2up

http://www.talkshoe.com/talkshoe/web/talkCast.jsp?masterId=24353&cmd=tc

www.movingtitles.com

http://commons.wikimedia.org/wiki/File:Blason_duche_fr_Normandie.svg

http://commons.wikimedia.org/wiki/File:Blason_Beaumont_sur_Sarthe_72.svg

http://commons.wikimedia.org/wiki/File:Blason_Arpajon_2.svg



http://commons.wikimedia.org/wiki/File:Coat_of_arms_of_Lower_Saxony.svg

http://commons.wikimedia.org/wiki/House_of_Hanover

http://famguardian.org/TaxFreedom/CitesByTopic/FiduciaryDuty-Revoking_Fiduciary_Relationships.pdf


Concise manual of the law relating to private trusts
http://www.archive.org/stream/cu31924021862333#page/n3/mode/2up

Maitland on Equity
http://www.archive.org/stream/cu31924084258056#page/n5/mode/2up

books
A practical compendium of equity
http://www.archive.org/stream/cu31924085504060#page/n5/mode/2up

and
Underhill's Law of Trusts
http://www.archive.org/stream/cu31924021862374#page/n5/mode/2up

Christian Walters
http://www.4shared.com/account/dir/26791033/bb0e1503/sharing.html?rnd=50

http://en.wiktionary.org/wiki/ad_rem

http://www.justice.gov.uk/civil/procrules_fin/contents/practice_directions/pd_part61.htm
In rem 61.3

Jerry kane audio on foreclosure
http://www.talkshoe.com/tc/39904

http://www.talkshoe.com/talkshoe/web/audioPop.jsp?episodeId=176120&cmd=apop

http://www.yourrights.org.uk/yourrights/the-human-rights-act/the-convention-rights/

http://www.officialsolicitor.gov.uk/cfo/payments_in.htm

Note that it says "Payments in to the Court Funds Office are normally made using ..." as in normally as opposed to ONLY...

http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1879/cukpga_18790011_en_1

Banker’s book evidence act

https://www.moneyclaim.gov.uk/csmco2/index.jsp
tax

http://books.google.co.uk/books?id=76DhEY-2Y5cC&pg=PA136&lpg=PA136&dq=Victor+Marsden+published+The+Protocols+of+Zion+1906&source=bl&ots=5uECitO5e4&sig=E9cHZtM0HDFidG80kfaAFPpypMM&hl=en&ei=KWFqS4uPAp_20wSNxaT2Cw&sa=X&oi=book_result&ct=result&resnum=4&ved=0CBEQ6AEwAw#v=onepage&q=&f=true
protocols of zion 1906

http://www.justice.gov.uk/civil/procrules_fin/contents/parts/part31.htm
protective order 31.19

on sheriffs
http://openlibrary.org/b/OL6415641M/treatise_on_the_law_of_sheriffs_coroners_and_constables

http://dc198.4shared.com/download/215599813/ca552aa4/Sheriffs_Vol_1.pdf

http://dc177.4shared.com/download/215599838/6fb191ae/Sheriffs_Vol_2.pdf

on bonds

part 1
http://www.youtube.com/watch?v=Sz5g9hOpr68

part 2
http://www.youtube.com/watch?v=XdHoKwL1MYQ&NR=1

part 3
http://www.youtube.com/watch?v=02vK7ZKy2a0&NR=1

audio section
http://www.movingtitles.com/2394.html

http://en.wikipedia.org/wiki/Homage_(medieval)

http://en.wikipedia.org/wiki/Fief

http://en.wikipedia.org/wiki/Fealty

http://en.wikipedia.org/wiki/Seignory

http://en.wikipedia.org/wiki/Quia_Emptores#Background_leading_to_the_statute_Quia_Emptores

http://en.wikipedia.org/wiki/Gordon_Riots

http://www.iaca.org/node/32


bankers book evidence act
http://www.courts.ie/80256D9F0048007C/0/0009DCE21D7082878025765800375159?Open&Highlight=0,banker,~language_en~


Doctrine of equity
http://www.archive.org/details/doctrineequitya00ralsgoog

equity
http://www.archive.org/search.php?query=equity

http://www.4shared.com/dir/28376043/1d063c57/Law_Dictionaries.html
Complete Black's Law dictionaries

Notary act
legal services act 2007 schedule 5(4)

http://en.wikipedia.org/wiki/Seal_(contract_law)

http://en.wikipedia.org/wiki/Authentication

http://en.wikipedia.org/wiki/Witness

http://en.wikipedia.org/wiki/Royal_Charter

http://en.wikipedia.org/wiki/Consideration

http://en.wikipedia.org/wiki/Conclusive_presumption

http://en.wikipedia.org/wiki/Rebuttable_presumption

http://en.wikipedia.org/wiki/Principal_(law)

http://en.wikipedia.org/wiki/Deed_(law)

http://en.wikipedia.org/wiki/Corporation_sole

unclean hands case
http://law.jrank.org/pages/8487/Maxim--He-who-comes-into-equity-must-come-with-clean-hands.html

The Nicene Creed referencing Jesus as a man
http://www.vatican.va/archive/catechism/p1s1c3a2.htm

protective orders, in relation to trade secret’s
http://www.ndasforfree.com/UTSA.html

[22:06:44] By: Grantor/Beneficiary: here ya go... NOI examples....
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
CLAIM TITLE

1. NOI to State (put in block 4 of UCC-1)

This is public notice as by Grantor as owner and holder of all right, title and interest with the nonnegotiable instrument claim by number RA-____________- US with all attachments and proceeds there from being held in the private.


2. NOI to County recorder

NOTICE

This is public notice as by Grantor as owner and holder of all right, title and interest with the nonnegotiable instrument claim by number RA-____________- US with all attachments and proceeds there from being held in the private.

If there is any information that needs to be gleaned please contact the grantor at the address below.

By Grantor: ____________________________


+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

TRANSFER TITLE:

1. NOI to State (put in block 4 of UCC-3)

This public notice as by Grantor as owner and holder of all right, title and interest with the nonnegotiable instrument transfer by number RA-____________- US with all attachments and proceeds there from being held in the private.



2. NOI to County recorder

NOTICE

This is public notice as by Grantor as owner and holder of all right, title and interest with the nonnegotiable instrument transfer by number RA-____________- US with all attachments and proceeds there from being held in the private.

If there is any information that needs to be gleaned please contact the grantor at the address below.

By Grantor: ____________________________


+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

http://www.4shared.com/account/home.jsp

http://www.realdealdocs.com/viewdocument.aspx?DocumentID=238450

Forms
http://law-library.rutgers.edu/resources/forms.php

Loring, Augustus Peabody, Papers, 1896~1926: Finding Aid
http://oasis.lib.harvard.edu/oasis/deliver/~law00156

case on mortgages
http://docs.google.com/viewer?a=v&q=cache%3AfOJ37R3z0JUJ%3Awww.irmep.org%2FILA%2Frosen%2F11112009_defendants_response.pdf+un&pli=1


Dougs 4shared doc site
http://www.4shared.com/dir/28717353/aa36639c/Docs.html

etymology
http://www.etymonline.com/

Law, religion and equity
http://www.lonang.com/foundation/1/f13.htm

An example of a CD
http://en.wikipedia.org/wiki/File:US_Postal_Savings_System_5.jpg


http://www.getoutofdebtfree.org/UK/resourcesmenu.php

http://en.wikipedia.org/wiki/Trust_Indenture_Act_of_1939

http://www.4shared.com/account/dir/24776151/b7e02e6f/sharing.html
enjoy

When returning a presentment write on it:
I direct you to separate my records for future return.

http://www.bankofengland.co.uk/publications/quarterlybulletin/qb0801.pdf
page 103 (105 on the pdf)
last para in left coloumn
near bottom of page

http://www.archive.org/search.php?query=conflict%20of%20law
Private International law and tax law

Law Applicable to Trusts and on thier Recognition, signed July 1, 1985
is a short 10 pages
http://www.hcch.net/index_en.php?act=conventions.pdf&cid=59

[19:33:46] imaginethe1: causes of action:
breach of fudiciary duty
breach of trustee
breach of trust
: fraudulent transfer
unfair business practices:
a fraud (gilberts sect 227)
b misrepresentation
c unconsionable acts or practices against consumers
unclean hands
unjust enrichment
creating a monopoly-antitrust
commingle funds
conversion
also research - benders forms florida rule 1.280c7 , federal rules civil handbook for prot order.

dibh hearing 25-06

Clerk : mortage -doc stamps , title chain
I got the clerk thing from another friend
add capacity to that and agency ie do they have? which they don't

Tax Law
http://www.archive.org/search.php?query=tax%20law

http://www.archive.org/details/taxliens00nich

recordings
http://www.4shared.com/account/dir/26791033/bb0e1503/sharing.html

http://www.4shared.com/dir/30206089/d75fdb09/MAILING_TIP.html
http://moneyonaccount.com/downloads/RedemptionByMethod/Postal%20Stamp%20Usage/Postal%20Power.doc

Neomorpheus
http://www.talkshoe.com/talkshoe/web/webClient.jsp?masterId=41875&cmd=wc

Adverse claim
http://www.jstor.org/pss/1598032?cookieSet=1
http://www.jstor.org/pss/793907
FINANCIAL CODE
SECTION 952-954

Notice to settle a case (cali)
http://www.courtinfo.ca.gov/forms/documents/cm200.pdf

http://www.lectlaw.com/forma.htm
Legal forms

http://books.google.co.uk/books?id=TXAxVJDw2G8C&printsec=frontcover&dq=9781588521200&source=bl&ots=cySBhaW4fx&sig=jeATBOl4o8VVzmxxlc_Y1NNIymE&hl=en&ei=2lp0S62KG5Dw0gTBr6CzCQ&sa=X&oi=book_result&ct=result&resnum=1&ved=0CAoQ6AEwAA#v=onepage&q=&f=true
on advanced trusts and docs

hague convention on the recognition of trusts
http://www.hcch.net/index_en.php?act=conventions.text&cid=59

http://books.google.com/books?id=_Ao9AAAAIAAJ&printsec=frontcover&dq=trusts+and+equity&lr=&source=gbs_similarbooks_r&cad=3#v=onepage&q=trusts%20and%20equity&f=false
A selection of leading cases in equity, with notes By Frederick Thomas White, Owen Davies Tudor, John Innes Clark Hare, Horace Binney Wallace

http://books.google.com/books?id=sDTkFr4okkUC&printsec=frontcover&dq=trusts+and+equity&lr=&ei=lWV0S--HLYeuNbCQwKkE&cd=20#v=onepage&q=&f=true
Essentials of equity and trusts law By John Duddington
perfect for beginners

various books on trusts, at least one is marked above
http://www.hammickslegal.co.uk/shop/browse.asp?mscssid=RFWBFE3K61DE8JC0CVKHU0G0DGLJABL8&CT=NA&CategoryGroupID=31

administration of justice act uk
http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1982/cukpga_19820053_en_1

Judicial trustees act uk
http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1896/cukpga_18960035_en_1

I would write diagonally.
[21:34:34] Michael613: With that statement you justed expressed the trust. wi
[21:34:54] Michael613: I would send it to the CFO
[21:35:54] Adrian Clegg: OK That's interesting. A little practice run for the mortgage but I bet that's different eh?
[21:36:42] Michael613: Your expressing the trust then you file the UCC
[21:36:45] silew: Just found this
[21:36:53] silew: CW 2/7/10
The moment you get that offer in the mail - bill, indictment, whatever - that’s when you want to form the trust, by expressing the trust by a qualified signature, then you want to think about the relationship you’re forming, by holding that hot potato. You want to be able to make sure you can claim a trust and prove a trust (four elements of a trust, four methods of forming a trust) by having a record. Now you can assign parties, assign the trustee, and correct the construment. The treasure is not in the assets of the trust, but in the knowledge and understanding that a trust was formed.
Definition of scienter, [pron. Say-en-ter] Black’s law: ‘a degree of knowledge that makes a person legally responsible for the consequences of his or her act, or omission; the fact of an act having been done knowingly, especially as a ground for a civil damage or a criminal punishment. A mental state consisting of an intent to deceive, manipulate or defraud. Scienter action; one in which the plaintiff must prove that the defendant acted knowingly, or knew of the danger.” Only a real, live man or woman can have Scienter. There is no Scienter in the public, they’re all dead fictions. But if they have a record of your act, that is confirmation of your intent and purpose, even if you didn’t know you were forming a trust. So the intent and purpose with the will, and the knowledge and understanding, which is Scienter, that makes you a private, real man, or you really lose your mind. All those people who are operating in the public have lost their mind, because they have no knowledge or understanding of what’s really going on. You are a fiction; a lunatic operating in commerce. You’re acting as a fiction/surety. The knowledge of the truth shall set you free. The offer for the obligation is free, but ‘free’ is not free of an obligation. The real obligation is to know and understand. That doesn’t come free. That’s why you’re hypothecated and pledged in to a fiction realm. If you want to operate in the private like a Sovereign King, then you must know and understand. Today we do not, and all of us operate in fiction-land. In the private, you have to have Scienter to enter into any kind of agreement, but not in the public. They demonstrate intent and purpose by the formation of a record to show you knew and understood. Q: but what if it’s a fraud ab initio, where these court/corporations aren’t even registered with the Sect of the State? CW; they don’t have to be. They’re all colorable offices. If you don’t object, your omission is an act confirming your intent. You can express the trust, but that might not be as effective as if you changed your Master File with the IRS. Q: What about criminal indictments? CW; same thing. You form the trust when you get the offer. It doesn’t necessarily have to tie in to the SS account, though that’s what they’re trying to gain access to the SS Trust account by getting you in dishonor under d/c (debtor/creditor). To change the IMF in the DIB hearing, you come in with proof of the trust, and order them to correct the record. I don’t need to know what’s in the IMF, I just need to give them the correct info and tell them to correct the record. Q; you refer to using d/c processes, could you elaborate. CW We use Administrative processes, basically Notary presentment, which is what you do under Administrative remedy. Use the Notary to prove the trust. That’s the extent of it. If I make reference to the UCC, I’m really not quoting UCC verbatim, I’m using the intent of what UCC is presenting. I refer to UCC 9-210 for debt validation to get a dishonor in a foreclosure to rescind the signature on the contracts and come back in proving the trust. Use d/c to get out of d/c, and into trusts. Then remain in trust and don’t do debt anymore.
Caller asks about the need to go into their fictional courts. CW I’ve got some shocking news for everybody. They didn’t leave the Republic, we did. We’re the ones that are empowering the whole thing, and we need to cut their authority off, then the paper fictions fall to the ground and dissipate. But the Republic is held in trust, waiting to be freed. The way to do that is to pay the debt. Like I spoke about earlier, they don’t have to have scienter in their realm. Same thing for a bona fide purchaser under d/c. When you purchased something, did you give a Notice of Adverse Claim? If not, then they are a bona fide purchaser. [Blacks 6th: “One who has purchased property for value without any notice of any defects in the title of the seller. One who pays valuable consideration, has no notice of the outstanding rights of others, and acts in good faith. One who takes trust property for value and without notice of breach of trust and who is not knowingly part of an illegal transaction.”] CW “Now they can take without notice. If they were taking my property by my agreement, that I was going to sell the courthouse steps my property, by operation of law, cuz that’s what they do, and I had a superior claim, and if I didn’t make the claim properly, then I didn’t give notice of a claim that was adverse to them selling the property. (sic) Without an adverse claim, a bona fide purchaser can take the property free and clear, and now he’s got the property and the deed can transfer”.

PAYIN BILLS
I know that if u wanna pay bills u are gonna have to use trade secret info to do it , so I am doing some research to learn how to submit it & here is some info I found thru the patent laws
[06:08:54] imaginethe1: 24.02 Method of Submitting Trade Secret, Proprietary, and/or Protective Order Materials [R-6] - 700 Examination of Applications
724.02 Method of Submitting Trade Secret, Proprietary, and/or Protective Order Materials [R-6]

Information which is considered by the party submitting the same to be either trade secret material or proprietary material, and any material subject to a protective order, must be clearly labeled as such and be filed in a sealed, clearly labeled, envelope or container. Each document or item must be clearly labeled as a "Trade Secret" document or item, a "Proprietary" document or item, or as an item or document "Subject To Protective Order." It is essential that the terms "Confidential," "Secret," and "Restricted" or "Restricted Data" not be used when marking these documents or items in order to avoid confusion with national security information documents which are marked with these terms (note also MPEP § 121). If the item or document is "Subject to Protective Order" the proceeding, including the tribunal, must be set forth on each document or item. Of course, the envelope or container, as well as each of the documents or items, must be labeled with complete identifying information for the file to which it is directed, including the Office or area to which the envelope or container is directed.

Examples of appropriate labels for such an envelope or container addressed to an application are as follows: (Appropriate changes would be made for papers filed in a reexamination file.)

A. "TRADE SECRET MATERIAL NOT OPEN TO PUBLIC. TO BE OPENED ONLY BY EXAMINER OR OTHER AUTHORIZED U.S. PATENT AND TRADEMARK OFFICE EMPLOYEE.

DO NOT SCAN

In re Application of

Application No.

Filed:

For: (Title of Invention)

TC Art Unit:

Examiner:

B. "PROPRIETARY MATERIAL NOT OPEN TO PUBLIC. TO BE OPENED ONLY BY EXAMINER OR OTHER AUTHORIZED U.S. PATENT AND TRADEMARK OFFICE EMPLOYEE.

DO NOT SCAN

In re Application of

Application No.

Filed:

For: (Title of Invention)

TC Art Unit:

Examiner:

C. "MATERIAL SUBJECT TO PROTECTIVE ORDER - NOT OPEN TO PUBLIC. TO BE OPENED ONLY BY EXAMINER OR OTHER AUTHORIZED U.S. PATENT AND TRADEMARK OFFICE EMPLOYEE.

DO NOT SCAN

Tribunal Issuing Protective Order:

Civil Action or Other Identification No.:

Date of Order:

Current Status of Proceeding: (Pending, Stayed, etc.)

In re application of:

Application No.

Filed:

For: (Title of Invention)

TC Art Unit:

Examiner:

The envelope or container must be accompanied by a transmittal letter which also contains the same identifying information as the envelope or container. The transmittal letter must also state that the materials in the envelope or container are considered trade secrets or proprietary, or are subject to a protective order, and are being submitted for consideration under MPEP § 724. A petition under 37 CFR 1.59 and fee therefor ( 37 CFR 1.17(g)) to expunge the information, if found not to be **>material to patentability<, should accompany the envelope or container.

In order to ensure that such an envelope or container is not mishandled, either prior to reaching the Office, or in the Office, the envelope or container should be hand-carried to the Customer Window located at:

U.S. Patent and Trademark Office

Customer Service Window

Randolph Building

401 Dulany Street

Alexandria, VA 22314

The envelope or container may also be mailed to the Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.

Upon receipt of the envelope or container, the Office will place the envelope or container in an Artifact folder if the application is an Image File Wrapper (IFW) application. If the application is maintained in paper, the confidential or proprietary information will be retained in the envelope or container.

Land acquisition
http://www.teamlaw.org/links.htm

http://www.bbc.co.uk/supplying/freelancers/docs/invoice_example_freelance.pdf
invoice

http://www.rpglibrary.org/settings/roughmagic/places.shtml
crazy franco-prussian empire

http://www.sterlingsecure.co.uk/sterlingbond/home/downloads.shtml
escrow

http://www.myoffshoreaccounts.com/english/DeltaQuest_ESCROW-Bank-Account

Crown debts act
http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1801/cukpga_18010090_en_1

http://www.sec.gov/cgi-bin/browse-edgar?action=getcompany&CIK=0000814830&owner=exclude&count=40
uk fund inc.

Bill Thornton on court procedure
http://www.reddit.com/r/CLVideos/comments/93sxh/bill_thornton/

stop foreclosure, great doc
http://livingfreeandclear.com/wp-content/uploads/file/Stopforeclosureauction.pdf

On trusts
http://thelastoutpost.com/video-5/law-seminars/the-legacy.html

UCC
http://ia360931.us.archive.org/3/items/smithrobersonsbu07smit/smithrobersonsbu07smit.pdf

Liens
http://www.englishfinancialassociates.com/lien.html

http://www.englishfinancialassociates.com/consensual.html

Bill thornton

http://video.google.com/videoplay?docid=-2812198344215780795#

http://www.reddit.com/r/CLVideos/comments/93sxh/bill_thornton/

http://www.reddit.com/r/CLVideos/comments/8usj5/bill_thornton_motions_and_related_procedure/
Motions

http://www.reddit.com/r/CLVideos/comments/8v4iz/bill_thornton_forms_and_related_procedure/
Forms

http://www.ceoemail.com/
ceo’s emails

Talkshoe | the 2nd of Jerry Kane Updates, scheduled on the 1st
Monday of every Month.
Topic Foreclosure and Mortgage Fraud.

Call in (724-444-7444
Call ID: 39904#

To mute, in or out press *6
To ask a question press *8

Or click here http://www.talkshoe.com/tc/39904
to connect directly thru talkshoe

Jerry's web site
http://privateaudio.homestead.com

Click on the Jerry Kane tab at the top of the page
enter password: makeme

http://en.wikipedia.org/wiki/Good_faith

http://en.wikipedia.org/wiki/Fiduciary

http://en.wikipedia.org/wiki/Trustee_Investments_Act_1961

http://en.wikipedia.org/wiki/Variation_of_Trusts_Act_1958

http://en.wikipedia.org/wiki/Use_%28law%29

http://en.wikipedia.org/wiki/Trust_%28property%29

http://en.wikipedia.org/wiki/Persuasive_writing

http://en.wikipedia.org/wiki/Scienter

go to the 2/23/10 Creditors in Commerce call and start listening when Robert is introduced. He and a trained accountant named Tracy are on at around 26 mins into the call and talk pretty much on point until about an hour before the end of the call on the topic of T accounts and accepted for value. I know it is not specifically about trusts and trust law, but it will serve to enlighten some who are not familiar with accounting principles and applying them to our intended outcomes. These are unlisted calls on talkshoe and you can access them from http://www.creditorsincommerce.com/audio-conference-calls.php

or
http://www.talkshoe.com/talkshoe/web/talkCast.jsp?masterId=18856&cmd=tc

http://countyrangers.org/index.html
Post office remedy

http://www.homestead.org/land/Legals/HowtoReadYourDeed.htm
Deeds


Provided by a colleague for all to research
I'll make no subscription to their paradise.

All Rights Reserved - Without Prejudice - Without Recourse - Non-Assumpsit
Errors & Omissions Excepted
User avatar
treeman
 
Posts: 2821
Joined: Sat Apr 25, 2009 2:33 pm
Location: On the Land

Re: Trust Info

Postby treeman » Wed Feb 09, 2011 9:40 pm

NEW TRUST TECH
Grantor, Beneficiary, and Trustee the three parties in a trust
Trust=Treaty relationship
Trust relationships Public=Trust, express=Trust, admin trust relationships.
Trust is center of core.
Moving titles platform riding on.
Create a title, claim a title, move a title.
DEFINITIONS
Acknowledgement of debt- Recognition by a debtor of the existence of a debt. An acknowledgement of debt interrupts the running of prescription.

Agent-One who is authorized to act for in place of another.

Allonge- a slip of paper sometimes attached to a negotiable instrument for the purpose or receiving further indorsements when the original paper is filled with indorsements.

Capitalization- The act of process of capitalizing or converting something into capital.

Capital- Money or assets invested, or available for investment, in a business. The total assets of a business, esp. those that help generate profit. The total amount or value of a corporation’s stock; corporate equity.

Capitis deminutio- A diminution or alteration of a person’s legal status.
Capitis is the destruction of the ‘capul’ or legal personality. Capitis deminutio, so to speak, wipes out the former individual and puts a new one in his place, and between the old and new individual there is, legally speaking, nothing in common. A juristic personality may be thus destroyed in one of these three ways: 1. By loss of the status libertaties. This is the capitis deminutio maxima; 2. By loss of the status civitatis. This is the capitis deminutio media (magna); 3. By severance from the agnatic family. This entails capitis deminutio minima. “Rudolph Sohm, The Institutes: A text book of the History and System of Roman Private Law 178-179 (James Crawford Ledie trans, 2d ed. 1907).

Certificate of Deposit- Certificates of deposit (CDs) are instruments issued by the bank specifying that a certain sum of money has been deposited. These certificates may be either negotiable or nonnegotiable. When nonnegotiable, the bank simply contracts to return the amount to the depositor plus any contracted-for interest. If the certificate is negotiable, the bank agrees to pay the depositor or any person whom the depositor shall order, or the bearer of the certificate. When the CD is a negotiable CD, the debt of the bank is to the legal holder of the certificate and not to the original depositor. (Bank officers handbook) Note: Negotiable is Public and nonnegotiable is private.

Corpus- The property for which a trustee is responsible; the trust principal; ---Also termed res; trust estate; trust fund; trust property; trust res trust.

Commingling- A mixing together; esp., a fiduciary’s mixing of personal funds with those of a beneficiary or client. Commingling is usu. considered a breach of fiduciary relationship. Under the model rules of Professional conduct, a lawyer is prohibited from commingling personal funds with those of a client.

Declaration- A formal statement, proclamation, or announcement, esp. one embodied in an instrument.

Deposit- The act of giving money or other property to another who promises to preserve it or to use it
and return it in kind; esp., the act of placing money in a bank for safety and convenience.

Embezzlement-The fraudulent taking of personal property with which one has been entrusted, esp as a fiduciaries.

In kind- In goods or services rather than money <payment in cash or in kind> In a similar way with an equivalent of what has been offered or received <returned the favor in kind>.



Legal Fiction-Assumption of fact made by court as basis for deciding a legal question. A situation contrived by the law to permit a count to dispose of a matter, through it need not be created improperly e.g. fiction of lost grant as basis for title adverse possession. “Legal fiction is the mask that progress must wear to pass the faithful but blear-eyed watchers of our ancient legal treasures. But though legal fictions are useful in thus mitigating or absorbing the shock of innovation, they work havoc in the form of intellectual confusion.” MORRIS R. COHEN, Law and Social Order 126 (1933). Example: STRAWMAN ACCOUNT.

Legal Entity- A body, other than a natural person, that can function legally, sue or be sued, and make decisions through agents.

Power of Appointment-A power created or reserved by a person having property subject to disposition, enabling the donee of the power to designate transferees of the property or shares in which it will be received;

Prescription- The act of establishing authoritative rules. A rule so established. The effects of the lapse of time in creating and destroying rights.

Privity of contract- That connection or relationship which exists between two or more contracting parties. Also allowing them to sue each other but preventing a third party from doing so.

Scienter- A degree of knowledge that makes a person legally responsible for the consequences of his or her act or omission.

Segregation- The act or process of separating.

Special Deposits- Special deposits may take a number of forms. Sometimes they are a means of holding funds in litigation, trust funds, and cash securities of various types, such as deposits to show good faith in the case of contracts and the like. Attorneys maintain such accounts to hold funds of clients for whom they are fiduciaries. Special deposits are created by special contracts between the bank and the depositor. In most instances of special deposits for the benefit of a third person, the bank becomes a trustee of the deposit for the benefit of the named person. Special deposits are often payable upon demand, sometimes upon terms, and occasionally they bear small amounts of interest. In many instances, such accounts are evidenced by certificates of deposit. (Bank officer’s handbook) Note: Important, express trust as a special deposit, and order to disperse the funds.

State secret- A governmental matter that would be a threat to national defense or diplomatic interests of the United States if revealed; information possessed by the government and of a military or diplomatic nature, the disclosure of which would be contrary to the public interest.

Trust receipt- A pre-UCC security device --- now governed by Article 9 of the Code --- consisting of a receipt stating that the whole buyer has possession of the goods for the benefit of the financier. Today there must usu. by a security agreement coupled with a filed financing statement.

Trust res (corpus) - The property for which a trustee is responsible; the trust principal.

Usufruct- A right to use and enjoy the fruits of another’s property for a period without damaging or diminishing it, although the property might naturally deteriorate over time.


Unclean-hands doctrine- The principle that a party cannot seek equitable relief or assert an equitable defense if that party has violated an equitable principle, such as good faith. Such a party has unclean hands.

Privities of Estate-Mutual or successive relation to the same right in property such as that which exists between, Lessor (Landlord) and lessee (Tenant) and their successors. Grantor-Grantee.

Common law vanished in the public not the private.

Trusts fit into one of these classifications.

Two kinds of Trusts
1. Express Trust- Trusts which are created by the direct and positive acts of the parties by some writing, or deed, or will, or oral, or by words expressly or impliedly evincing an intention to create a trust.
2. Implied Trust- A trust raised or created by implication of law; a trust implied or presumed from circumstances. Constructive and resulting trusts are implied trusts because they arise by implication of law or by demands of equity.

Trusts operate in equity.

Equity- Is a body of jurisprudence, or field of jurisdiction, differing in its origin, theory, and methods from common law; though procedurally, in the federal courts and most state courts, equitable and legal rights and remedies are administered in the same court.

Trust Receipt-A pre-UCC security device- now governed by Article 9 of the code- consisting of a receipt stating that the wholesale buyer has possession of the goods for the benefit of the financier. Today there must usually be a security agreement coupled with a filed financing statement.

Trust-The right enforcement solely in equity, to the beneficial enjoyment of property to which another person holds the legal title; a property interest held by one person (the trustee) at the request of another(settler) for the benefit of a third party(beneficiary).

The three clicks of the heels of the shoes are the: Right, Title, and Interest.


Right-That which is proper under law, morality, or ethics. Something that is due to a person by just claim, legal guarantee, or moral principle. A power privilege or immunity secured to a person by law. A legally enforceable claim that another will do or will not do, a given act; a recognized and protected interest the violation of which is wrong. The interest claim or ownership that one has in tangible or intangible property.

a. Tangible- Having or possessing physical form. Capable of being touched and seen; perceptible to the touch; tactile; palpable; capable of being possessed or realized.

b. Intangible Property- As used chiefly in the law of taxation this term means such property as has no intrinsic and marketable value, but merely the representative or evidence of value, such as certificates of stocks, bonds, promissory notes, copyrights, and franchises.

c. Intellectual Property- A category of intangible rights protecting commercially valuable products of the human intellect. The category comprises primarily trademark, copyright, and patents rights, but also includes trade-secrets rights, publicity rights, moral rights, and rights against unfair competition. “While there is a close relationship between intangible property and the tangible objects in which they are embodied, intellectual property rights are distinct and separate from property rights in tangible goods. For example, when a person posts a letter to someone, the personal property in the ink and parchment is transferred to the recipient… [T]he sender (as author) retains intellectual property rights in the letter,” Intellectual property Law

Title-The union of all elements (as ownership, possession, and custody) constituting the legal right to control and dispose of property, the legal link between a person who owns property and the property itself.

Interest- Advantage or profit, esp. of a financial nature. A legal share in something; all or part of a legal or equitable claim to or right in property. Right, title and interest.

Express Trust-A trust created with the settler express intent, usu. Declared in writing; an ordinary trust as opposed to a resulting trust or a constructive trust.

Implied Trust-A trust raised or created by implication of law; a trust implied or presumed from circumstance.

First need to express the trust. Example social security trust aka straw man.
We did not express the trust at 18 yrs. Waived all rights to trust.

Law of trust, trust law. He who claims trust.

Elements to a Trust
1. Parties- grantors, trustee, beneficiary.
a. Parties- One who takes part in a transaction, a party to the trust.
2. Express- res of property.
a. Express- Clearly and unmistakably communicated; directly stated.
3. Intent-grantor
a. Intent- The state of mind accompanying an act, esp. a forbidden act.
4. Purpose-grantor
a. Purpose-That which one sets before him to accomplish or attain; an end, intention, or aim, object, plan, project.
Again Elements of Trust.
1. Intent. The state of mind accompanying an act, esp. a forbidden act.
2. Purpose. A objective, goal, or end;
3. Parties. One who takes part in a transaction, a party to the trust?
4. Trust in res. An object, interest, or status, as opposed to a person. The subject matter of a trust.

Formation of a Trust
1. Declaration- A person’s state-of-mind statement that operates as an exception to the hearsay rule. Fed Rules of Evidence. 803(3)
Words- Symbols indicating ideas and subject to contraction and expansion to meet the idea sought to be expressed.
Conduct-Personal behavior, whether by action or inaction; the manner in which a person behaves. Also silence can be conduct.

2. Transfer- Means every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with property or with an interest in property, including retention of title as a security interest and foreclosure of the debtor’s equity of redemption. Portal trust term.
A. Assignment-The transfer of rights or property. The rights or property so transferred. The instrument of transfer. A task, job, or appointment. UCC3 section 200’s
b. Endorsement- One which restrains or limits or qualifies or enlarges, the liability of the indorser, in any manner different from what the law generally imparts as his true liability, deducible from the nature of the instrument. Delivery by beneficiary, assignment UCC-3.
c. Operation of law- This term expresses the manner in which rights, and sometimes liabilities, devolve upon a person by the mere application to the particular transaction of the established rules of law, without the act or co-operation of the party himself.
d. Delivery- The act by which the res or substance thereof is placed within the actual or constructive possession or control of another.
3. Contract- An agreement between two or more persons which creates an obligation to do or not to do a particular thing. Form a trust in the future.
4. Appointments- The designation of a person, by the person or persons having authority therefore, to discharge/disposition the duties and property of some office or trust.

No parties in a trust need to know or understand they are forming a trust. IMPORTANT

Give a special key restriction to correspond to the duty performing.

Key to the treasure is the rule of signatures and the rule of forms. Signature equals the expression of the relationship which equals intent and purpose.

Rules of Signature
1. Clean signature-A clean signature unqualified the way you sign normally with out any restrictions.
2. Restricting/qualified signature:
A. By: grantor, john smith
B. By: beneficiary, john smith
C. By: trustee, john smith
By: Authorized Rep, john smith Considered a debtor/creditor relationship.
Also you can put three dots before your name as an incomplete instrument. Example- …john doe

Grantor- Funds the whole thing/private banker.
Trustee- Receiver of the documents. Payer of the bills, ledgering the account, puts in the liability side. Signs the checks for the bills of the trust and holds trust property.
Beneficiary- Picks up the disbursement of the trust. Only one who can make a claim.
Auth Rep- Trustee assistant as receiver of the documents, also asset to the payer of the bills by the private contract of form 56 by the trustee of the grantor.

No parties in a trust need to know or understand they are forming a trust. IMPORTANT

Signature is representing the Trust.
Signature is a res.
a. Res-The subject matter of a trust or will. In the civil law, a thing; an object. Presently existing “property” (which can include future interests), and it must also be specific and identifiable.



Example from the Gilberts Trust book 13 edition page 35 section 133.

Courts may order bond to protect beneficiaries’ interests
Courts of equity (or probate or other appropriate courts) generally have the power to compel the trustee of any type of trust to post a bond if a particular risk is demonstrated or if the trustee is involved in litigation with the beneficiaries in which there is a personal attack on the trustee (e.g., for mismanagement of the trust, etc.).

Now lets look at this from a different prospective a traffic/DUI ticket. The trust has been formed, but you the living man did not know this. The straw-man now is the trustee, he signs using an unqualified signature. He then posts a bond because the court of equity has pressured/compel him in to a bond (do you want out of jail) and the mismanagement of the trust that the straw-man did not know about. So the parties are 1. Trustee= straw-man, 2. Beneficiary=Courts/plaintiff, 3. Grantor=the living man, the energy for the funds. (But you did not know). Res trust property=the court case/ticket/bond.

Merge the titles and close the case
1. Terminate the trust
2. Modifying a trust
3. Revoking a trust

Moving the titles. Claim titles on a UCC-1 and then move the titles with a UCC-3 moving that asset trust res property to the trustee or the beneficiary or how to play this, move the beneficial interest to the legal title holder trustee. Both titles are in one party trust terminates. No longer has trust protection. Personally liable for what is going down which is breach of fiduciary duty and breech of trust if they do not distribute the funds.

When you (grantor) give the title company (trustee) the note they merge the titles (trust res) to the bank (beneficiary). Where is my trust receipt (payment)?

Also you can put the information into the newspaper, one time every week for three weeks. Get the notice/affidavit from the newspaper and then put a copy of notice/affidavit in their court get a certified copy out.
"Trust fills the void. Say I have a cup. Title to that has to be on a piece of paper. To reach the real thing in the private, we go thru the public with a colorable title (colorable: appearing to be true, valid, or right, e.g., ‘the pleading did not state a colorable claim’; intended to deceive; counterfeit). First we create the title, which is a representation of the cup. Put on paper its description, get that notarized, then we registers it in the public, and that makes it able to be seen in the public, but we hold it in the private. We claim it on a UCC 1, in collateral box 4 and box 8 (see below for language*). Then we get a certified copy of that, and also file a Notice in the County and get a certified copy of that. We’ve just registered that title in the public, and we have two witnesses, so the public can see it. Now we can move it. If we want to we can move it to someone else. Whoever is holding title has liability. We move it via UCC 3. "
Example Judge says I am not the trustee.
You- Fine judge, now you just formed (may not tell him in court in you mind) a resulting trust know you are in equity and in equity must not let the trust fail you must appoint a successor trustee. Know once you appoint a successor trustee, you let me know by name and address who that trustee is, because now I am his grantor and temporarily holding this trust res, grantor as trustee until you appoint a successor trustee and I have its name and then I can transfer the property res to this successor trustee so he can disperse to the beneficiary.

Example of Signature. Signature created an applicant of credit and gave them (bank) power of attorney. Bank appoints a title company to be your trustee. Third party title company of the rights the bank is the beneficiary (payee on the note is the beneficiary maker of the note is the trustee).

UCC-1 put original promissory note or special number in collateral box. Then the same UCC-1 in the county level. Two witness on the note. Next move it to a UCC-3 making the trustee the holder assign it to the bank.
http://recordings.talkshoe.com/rss41875.xml

Transcript 06-13-2009
Trusts- 2 type trusts expressed and implied trust.
Implied trust is a constructive trust which it comes from the word construe.

Construe- To put together; to arrange or interpret the words of an instrument, statute, regulation, court decision, or other legal authority. To ascertain the meaning of language by process of arrangement in interperatation and reference.

Equity converts you into a trustee.

The court construes the circumstances in the sense that it explains or interprets then it does not construct them. So in expressing the trust you do nt allow the courts to construe the trust, because if they are allowed to construe the trust by you not expressing they are going to imply it and equity is going to convert you into the trustee and the trustee’s duties will apply and if you do not perform the duties you are going to windup in jail. Equity will not allow the trust to fail for lack of a trustee.

Important to express the trust.

Express the trust by your signature/autograph, accepted for value return for value exempt from levy. Check format sign like a check. Then it becomes the payment.

Accepted for Value what does it mean?
Expression of what the trust is. Accept for value express the trust as who has the rights to holder in due course with enforcement rights. Accepted for value = taken for value.

Issuer- One who has the duty to pay. Offer this person can not enforce it may not be the holder in due course of another enforceable instrument. No standing to determine payment or enforcement. No value at the point of issue. The issuer is looking for the transfer of the value. The issuer is looking for the consideration for both sides of the transaction. If the issuer can get the recipient to take the instrument he is waiving the defects on the instrument. Main defect no consideration to the offer to the contract. There is no value at the point of issue.

When accepting the transferee he becomes the accommodation party and receives no rights, no defenses, and no value agreement to lend his name and lend his credit to the transaction. He does not understand that there is a hidden value in the instrument that he can use to his advantage if he accepts for value and returns it.

Acceptance- 1966 court case PEOPLE BANK OF AURURA vs. HAAR Oklahoma case.

If you take away gold and silver for consideration then you only have one thing left and that is a promise

Consideration=promise
Official Comments UCC3-303
If an instrument is not issued for consideration the issuer has a defense of the obligation to pay the instrument.
The reverse is:
If an instrument is issued for consideration the issuer has no defense of the obligation to pay the instrument.

They can not claim it is no good, frivolous document, or no value.
Value=consideration, issued for value=issued for consideration UCC-3

They do not want you to know this. (Above)

The issuer on a demand from the U.S. other words the bills that you receive in your mailbox from all agencies acting under the authority of the U.S. The issuer on the instrument is the U.S. if the U.S. issue an instrument for value the U.S. has no defense to the obligation to pay the instrument. That only applies however if the transferee properly indorses or accepts for value the instrument and returns it for value to the issuer. This is setting up the trust, expressing the trust. When you accept for value return for value on a offer coming in you mailbox from a agency the U.S. When you do an accept for value on it, you are doing a expression of the trust. The banker for the U.S. is the secretary of the treasury that is the I.R.S. really (see Porto Rico trust #62). They should receive the endorsed value and returned instrument. At that point it is treated as a check and can de deposited to settle an account in the accrual bookkeeping system.

The acceptance and accept for value are not the same thing. Accepting an instrument without a qualified endorsement this when you are doing a accepted for value on there. You are restricting the endorsement or giving a qualified endorsement instead of a general endorsement. So if you give up a qualified endorsement with out qualified endorsement you waive all defects that maybe in the instrument including the value or the lack of value that comes with it.

Remember official comments UCC-3-303

If the accepter can see that the value is the commitment of the issuer to pay the instrument (performance and consideration) then there is value in the instrument as long as the instrument is accepted for that value and returned for value. Accepted for value and returned for value is the acceptance to the issuer that the endorser is not providing new value, but is converting the issuers obligation to pay the instrument into the value their by making the instrument negotiable the instrument it’s self becomes the payment. Again, Important by converting the issuers obligation to pay the instrument into the value their by making the instrument negotiable the instrument it’s self becomes the payment. That would be the accepted for value offer. That accepted for value offer becomes the payment, at that point the instrument is issued for value is not negotiable instrument, at that point the definition of value now UCC-1 applies after it is received by the target (you and your mailbox) it becomes negotiable at that point the definition of value changes to fit UCC-3 as an incomplete instrument looking for your signature to complete the instrument later on with further words and numbers turning it into a check and they are going to cash it. If you give them an unqualified signature the instrument being negotiable can be enforced by both parties depending what the transferee does with it. If he just holds it or argues about it the U.S. issuer is in titled to enforce the instrument. If he accepts it for value he is entitled to enforce the instrument, reversing the liability. Personal choice.
When do you give a qualified signature to express the trust or an unqualified signature allowing the U.S. to be the issuer and force the instrument? You or the U.S. Corporation. It is better to be the holder in due course of the instrument than the liable party on the instrument. Holder in due course is entitled to enforce the instrument.
Summary of Expressing the Trust for Value

We express the trust voluntarily in writing, (but can be oral) through your signature on a accept for value overlay as a qualified endorsement which becomes a acceptance accept for value of their offer that turns it into a firm offer and sets us up becoming the holder in due course as beneficiary with all beneficial rights such as rights to enforce, rights to order (example right to call back rescind order to collect), transfer, negotiate. As compared to verse the implied trust when we did not express it given the offer all rights to trust and they can construe the trust imply or point us as the trustee with all the liability.

Mort-gage Case
Notice of void Judgment
Motion to vacate void Judgment
Motion for injunctive release
Affidavit of support

Expression of the Trust stopped the sale of the property
Quote for the paper work.
Without waving any frights remedies or defenses. Were as I name grantor/settler of the expressed revocable Trust filed now comes as beneficiary in the above named action states:
As follows:
Footnote Unlawful or illegal purpose in construing trust unlawful purpose shall not be impounded to the settler. Horton vs. smith
Purpose in which trusts can be created the intent and purpose of the settler of truth is the law of the trust. Edmonton vs. Birmingham

Titles are presentments in expressing the trust and everything in the public represented by a title and that is documented of title UCC 1-201 a record of evidence position control of the goods. Holder so creating titles. A bill of sale is a title to goods a sale is the passing of the title for a price UCC2-106. Lien or lien right is the highest title. A lien being the highest title there is. A lien is a security interest. Value created by a security interest (agreement). Title is ownership, ownership is represented by the title and there are two kinds of titles.
1. Possessory title- Holder of the title liability side equitable.
2. Beneficial Title- Rights to control has no liability by default, invisible title.

Reverse the titles by default. UCC 9-607, 9-619
UCC3 assignment to reverse title from possessory title to beneficial title.
Titles represent collateral, collateral is an asset. Asset is a documentary title deposited into an account other words money on an account. Collateral is property subject to a security interest or security agreement. Collateral is created by a accepted for value offer, representment with counter offer stipulates, UCC2-205, 2-206 and turned into a firm offer signed contract by accommodation signature under rights UCC 3-419 and dishonored by notary presentment and do not respond back through a notary certificate and the assets are financial assets/ security interest/security agreement/liens UCC 8-102(9) turned into security by the three steps in UCC 8-102(15) which is in 18 USC section 8 money.

Conversion- A conversion is a voluntary act by one person inconsistent with the ownership rights of another. The act of changing from one form to another; the process of being exchanged.

Tort and criminal law- The wrongful possession or disposition of another’s property as if it were one’s own; an act or series of acts of willful interference. Without lawful justification, with an item of property in a manner inconsistent with another’s rights, whereby that other person is deprived of use and possession of the property.

The plaintiff has clear legal ownership or right to possession of the property at the time of the conversion.

There are damages resulting from the conversion.
Cause of Action
1. Breach of Fiduciary duty (Trustee Duty).
2. Breach of Trust, commingling/conversion.
3. Unfair Business Practices.
a. Fraud.
b. Misrepresentation.
c. Unclean hands (unclean hand Doctrine).
d. Monopoly, antitrust.
e. Unjust enrichment.
F. Unconscionable acts or practices against consumers.

Directive to the Treasury 25-06 Dib Hearing.

TRUST SPEAK
“I authorize reinstatement intentional Tort” use for electric bill or any bill.

“I direct you to separate my records/property for future return in-kind after use”

Records- A documentary account of past events, usu. Designed to memorialize those events.(Would be trust res offer giving to me).
Return-A court officer’s bringing back an instrument to the court that issued it. RETURN OF WRIT. AA court officer’s endorsement on an instrument brought back to the court reporting what the officer did or found.
Future-Standardized assets (such as commodities, stocks, or foreign currencies) bought or sold for future acceptance or delivery. Future claimants esp. those who would become members of a class of persons injured by a defendant and thus included in a class-action.
Separate- adj. (Of liability, cause of action, etc.) individual; distinct; particular; disconnected.
Direct- (Of a thing) Straight; undeviating <a direct line> <direct instructions>

Send 1 copy of the presentment to sender and 1 copy to the Treasurer of the United States Rosie Rios.
Treasurer of the United States
Department of Treasury
1500 Pennsylvania Ave, NW
Washington, DC 20220

*UCC Financing Statement.
Collateral block 4. This is actual constructive Public Notice by grantor as owner and holder of all right, title and interest with non-negotiable claim# RR123456789US with attachments and proceeds there from being held in the private.

In block 8- Create a box, color that box in and after the box put trustee/grantor nomenclature change. Example:
Trustee/Grantor nomenclature change.

In block 1 debtor will now be trustee and block 3 will change from secured party to grantor.

Debtor will be the example: By: Trustee, judge Smart.



*UCC-3 Amendment.
Collateral Block. This is actual constructive Public Notice by grantor as owner and holder of all rights, title and interest with non-negotiable transfer#RR123456789US with attachments and proceeds there from held in the private.
The only difference is that on the UCC-1 you will claim and on the UCC-3 you

UCC, GSA, IRS forms as Tools
UCC can be law of the contract unless expressed by an agreement otherwise, right out of UCC. UCC-1, 3, GSA forms 28, 90, 91, IRS forms 1099’s, 1096, 1040v, and 1040 forms etc are the tools UCC collateral block 4 is a asset account in your ledger as is 1040 line 73a. Demand deposit account for funds I have a valuable to pay with. Conversation of original issue credit exchange for money of an account which can be exchanged for Federal Reserve notes. No I am not exchanging my labor for federal reserve notes, but exchanging my credit for federal reserve notes and I am no longer the nipple for federal reserve notes and no longer on the treadmill, no longer the slave. I can write my own code. Claiming the titles with the perfected tools, so by accepting for value, through contract sales Article 2 UCC, UCC-1 forms claims the titles or perfects the titles followed by noticing all parties of interest and do process. So the UCC forms claim the title in collateral block 4 as a asset followed by a notice to giving a UCC-1 copy to the parties all parties in notification because in the year 2000 the UCC went from a document to a notice filing UCC form and are just a notice filling in the public. So accounting everything in commerce is accounting. Represented by title an account means any deposit or credit with a bank UCC 4-104 money of account. And you are a bank. You are a bank account you issue all the credit all the money, you just did not know it. Also, right to payment of a monetary obligation UCC9-102.

So the accounting ledgers there are 2 sides.

1. Asset side- The private side account consisting of asset titles.
2. Liability side- Public side liability account, liability titles.

The liability side is the minus side and the asset side is the plus side. And any time a plus touches a minus side it zero’s it out. So it you know how to control both sides of the ledger. You know how to move titles you can control both sides of the account and bring it to closure and settlement, zero, because at the end of the day all banking must be zeroed account balance. They will correct it on the public side bring it into balance by attaching a bond to it and that bond will be your arrest foreclosure action against you. Whether it is a house, a car, foreclosure, mort-gage foreclosure, foreclosure on your body arrest is a foreclosure action because there is a out of balance account. Bring the account into balance moving the titles claim the titles move the titles put them in the asset side to counter balance the liability side and bingo you have controlled the account and you can close it and settle it and bring it to zero. There is no arrest there is no foreclosure, so you are an account you are a bank account. I said you have a ledger and you have two sides, private side and public side you are a bank a person engaging in banking UCC1-201.

All titles move in court and out of court in commerce, that’s banking. Everything is commercial and that’s banking. Claiming titles by UCC-3 filings, UCC-1 in particular, noticing all parties by sending a copy of the UCC-1 or the UCC-3 filings to them. Transfer of the title, legal title and certificate of title in a default debtor situation UCC9-607 by transfer statement to my account, ledger. When you take over all debtor’s rights under UCC9-607 assignment of the title, moving titles with a UCC3 form.


Embezzlement-The fraudulent taking of personal property with which one has been entrusted, esp as a fiduciaries.

Three Step Process

1. Accept for value. (turns into a check, payment)
2. Return for value by notary as payment and on additional payment a money order. Return it with stipulation. Return of contract or redraft of the original offer/contract, colorable contract. Creating a firm offer signed by accommodation signature or default by notary process under UCC3-419. I do not need their signature, do not need their agreement, I can get it any time under UCC3-419. Tacit agreement, notary default, dishonor, true bill, and get asset for value then that thing becomes the money. Register that on a UCC-1 move the title on a UCC-3 move the title to the I.R.S. 1099-C statement and then let them collect it. Do by notary process creating the evidence, which is really a record. Record of what you did. Notary is important part of that process. That record is the CCI, (confidential commercial information) it is private and I want to make sure it stays that way. Do not want to put it into the public side of the court. I want to reflect it done on the private side. Mirror it into the public side, how. I mirror it in to the public side by using a UCC-1, and a UCC-3 forms to mirror it in. That is nothing more than a notice of what is done on the private side reflecting that in what was done on private side to public side. I do not bring the documents themselves into the public, because I waive my rights. They are going to poop all over it. Treat me as a nut case. They do not want the truth in the public side. So do not give it to them, keep it private. If I do put in into the court, I put it in chambers keep it private and tell the judge in chambers “take of the black robe”. Look at the evidence and the records that I have created CCI and come back and put the robe on and give me a public ruling on the evidence that I have put in. My evidence stays private never comes out into court. If necessary, I will put a protective order to do so. So that generate the evidence/record which is the exception to the hearsay rule which is the notary, because that hearsay rule says “everything that is not said in court is hearsay all affidavits under common law are the truth, but under public policy, public venue, public court all affidavit’s are hearsay, because they were not said in court”. But there are exceptions to the hearsay rule. And the notary process, notary certificate is the exception to the hearsay rule in court. It slides right into evidence. Certificate of dishonor, so by their silence, this gives us the ability to make any contracts that we can think of. As the law of contract set by tacit agreement between the parties. Accept for value breaks existing contracts that would have and what ever term, redraft and allows us to set are own terms and knowing presume that they set the law of the contract by arguing to their terms holding. Arguing, but in reality I can always reset the law of the contract by bankers acceptance. Accept for value, return for value and a long with the stipulation counter contract and that they have agreed to it to the terms that I stipulate by the tacit agreement and by Idellset.

3. Go to a dib hearing (Data integrity board) and that could be the court case or existing court case or a judicial review that is your dib hearing or it can be some sort of circumstances, could be an administrative hearing 5 USC section 552. Treasury directive 25-06 examines the information. And the U.S. attorney manual 6-4.010 which states that the information in the I.R.S. All other agencies must comport to information. How does that information get into the I.R.S.? What creates the record with the I.R.S.? I do with the I.R.S. forms 1099, 1096,and 1040 forms all those forms in the I.R.S. is the record especially on the a 1096, 1040 form which you are signing under penalty of perjury which makes the statements true and correct. And all other agencies must comport th those records in the I.R.S. that you put there. If they do not you need to correct your agency mister agency and from the treasury directive or any other dib hearing all you can get through CCI, I.R.S. or what ever , so you bring in the CCI record/evidence in thee dib hearing and you go for a summary or default judgment. The judgment is the receipt that it has been paid , it is the record under UCC3-603, 5-501, 3-503, and 3-505 notary presentment not any response, notary protest all this is done on the public side admission of the private side payment. Which is the accept for value payment by money order and closing and settling the account.

Step 1- Accept for value their presentment/offer.
Step 2- Return for value by notary presentment along with a payment or accept for value becomes the payment. And create a record of that payment.
Step 3- Go into a dib hearing bring in your CCI information and your record and get a judgment receipt. That it is all closed and settled.

The administrative remedy private side

1. Talked about accepted for value, returned for value offer and the money order.
2. Send notice of settlement payment notice.
3. Put in an affidavit of original issue dib hearing.
4. Put in a 1099-A naming the straw-man as the lender.
5. 1099-OID naming the court as the payer.
6. 1040-V validation of the funds.
7. 1096 affidavit of the 1099 forms sent to the I.R.S.
8. Form 56 appointing the judge as fiduciary because the judge is the one everyone is going to listen to because the clerk being the account holder and he is going to listen to the judge to settle and close the account. He is the one going to have evidence in chambers that you’re 1099 series and your GSA forms.
9. Fiduciary appointment limited letter of instructions on what to do.
10. GSA form 28 affidavit.
11. GAS form 90 used to pull the real property out of the county trust. If you want to collapse the trust. And pull the county completely out of that brings ramifications. No fire or police protection, do a private contract and send payment to the fire, police department. Or do not use it form 90. Keep the property in the trust.
12. GAS form 91 to release of liens on the real property using form 91.
13. Copy of proposed 3949 to the dib hearing.
14. Copy of proposal FINCIN report did hearing.
15. Copy of proposed treasury directive 25-06 calling for another dib hearing/I.R.S., U.S. attorney manual.
16. Actual documents send to I.R.S., department of Justice 3949A have ready to do it if not release it.
17. FINCIN report, send to I.R.S. have ready to go.
18. Actual Treasury dib hearing request to the Treasury ready to go.
19. UCC1 notice filing of the required/clean titles in my collateral block 4. Ones I have claimed them they are mine. Public notification.
20. UCC3 notice of the assignment claim titles and I am going to move them out of my collateral block and move/flip the liability. UCC3 notice filing assignment of the title and liabilities to them. One would be assigned to the judge or to the I.R.S. to go collect depending on which title we are talking about.
21. UCC11 certified search of the UCC and a particular party one to the judge gives additional notice. Have two witnesses. Need two witness to establish a fact?
22. Give do process to all parties interest by notice of your filings.
23. Send all important documents through notary presentment. All others by certified mail return request. Except payment which goes by registered mail return requested. That was the private side.

Public Side (Foreclosure)
1. Default judgment 3 days after the order to set the sale date.
2. Then motion to reconsider the default judgment and set a hearing reopen the case back up again.
3. Put an objection default judgment in.
4. Motion to set a side or vacate rule 60b. Check your State and local rules.
5. File the evidence 5 days prior to the hearing or by hand 3 days prior.(under Florida Rules)
6. Motion to admit and move into evidence for that hearing. You want to do that because it leaves a paper trail of what you did. Have a transcriber available on the hearing, so you will be creating a record.
7. Possible way to switch you from third party plaintiff to defendant by counter claim. Because a defendant always loss, and the plaintiff always win. You want to switch from defendant to third party plaintiff counter claim would be your administrative remedy on the private side. Come in with a colorable counter claim in the public side. And that could be possible fraud, truth in lending what ever colorable way to save face and close the case down.
8. Possible tro restraining order to stay their action or preliminary injunction relief followed by a permanent injunction close the sale down.



Gilbert Law Summaries
Trusts









The above sections are from the book pages 131, 138, 139 and 140.
Spendthrift trust is really a Declaration of Independence of 1776 because it is referring to the master trust. When reading this section it is talking about curtain rights which are unalienable as in the Declaration of Independence.
Protective Trusts again unalienable rights, but then it becomes a discretionary trust.
Discretionary trust is where the trustee (U.S. Trustee/receiver of the bankruptcy) has the discretionary to make or apply the withholding of income from the beneficiaries (one or all of We the people) regarding the instrument (Declaration of Independence).
So what is going on here is that we have not paid our share of the original war debt. The reason why we are not getting our remedy is because the trustee is withholding the income to pay the war debt. The trustee holds the principal and interest (withholding) under the discretionary trust. If we keep our debts paid the trustee could not do the withholding and would not be able to us the trust and the creditors could not come after the beneficiaries assets.
So the key is to pay your debts. What debt are we talking about? The original war debt the debt that has been keeping us in bankruptcy all this time. Go to the trust to protect financial assets of we the people. Pay the original debt to get total access to the trust. The master accountants are the I.R.S., I.M.F.
On the private side we always want to be the grantor/beneficiary. On the public side* they see us as the trustee instead of the beneficiary. The fact that we go in and we agree with them that we are the trustee. That fact establishes that we are not in controversy with them and we are going to agree that we owe and we did not pay the debt. So when we agree with them there is no longer any controversy in any court case, case disappears. Court cases are to settle controversies. If you agree as trustee and you have not paid the debt, then you will tell the judge, I have a valid reason for not making the payment as trustee. But I can not tell you in the public, we must do it in chambers. Judge, lets put a protective order on the CCI/trust information and we will go into chambers and I will show you evidence as to why I did not make the payment. In chambers I will support that evidence that is a discretionary trust. I am the trustee on this trust. You guys are the beneficiaries you are insolvent and therefore to protect the assets of the trust and beneficiaries interest which is the sole purpose of the trust.
I am standing in legal rights to withhold the payments to the beneficiaries and that is why I did not make the payment. There is no case I have lawful grounds in chambers to make discretion not to pay/withhold or make payment. I cannot be charged for that is legal/lawful.
O, bye the way I am going to give you the solution to the problem. Here is my private credit, my bill of exchange that gives you access to the trust, I am going to make the beneficiary solvent. Then when he is solvent no creditor will want to get to his assets. Then we can release the trust/res property to him.
The sole purpose of the trust in 1776 was to make sure that the beneficiaries interest where protected and the creditor could not gain access to the funds or the assets that where held for the beneficiaries. So the trustee can have the discretion and protect all the assets till the beneficiary was solvent. If we go back and pay the previous war debt and the current debts we owe there is no purpose for the trust. When there is no purpose for the trust then it terminates. Upon termination of the trust the republic comes back.



TRUST FUND DOCTRINE

“Trust fund doctrine” is the rule that the capital stock of a corporation constitutes a trust fund for the benefit of its creditors as its capital is the basis of its credit, but the trust does not arise until the corporation becomes insolvent, as stated in Corporations § 583 (C.JS.).

Quoting: MANUEL v. WULFF, 152 U.S. 505 (1894), "It is clear, therefore, that this doctrine has no sufficient sanction in authority, and it will be found equally unsupported by principle or analogy. [152 U.S. 505, 509] 'The general rule is positively against it, for the books, old and new, uniformly represent the king as a competent grantor in all cases in which an individual may grant, and any person in esse, and not civiliter mortuus, as a competent grantee. Femes covert, infants, aliens, persons attainted of treason or felony, clerks, convicts, and many others, are expressly enumerated as competent grantees. Perkins, Grant, 47, 48, 51, etc.; Comy. Dig. 'Grant,' B 1. It behooves those, therefore, who would accept aliens, when the immediate object of the king's grant, to maintain the exception."

The Congressional Record, June 13, 1967, pp. 15641-15646 - "A 'citizen of the United States' is a civilly dead entity operating as a co-trustee and co-beneficiary of the PCT, the private constructive cestui que trust of US Inc. under the 14th Amendment, which upholds the debt of the USA and US Inc. in Section 4."
Point 1. The United States was, and, is, bankrupt and in receivership, thus, Claimants claim of corporate insolvency.
Point 2. A “citizen of the U.S.” is civilly dead and cannot become a Real Party in Interest to any action.
Point 3. A “14th Amendment citizen” is a U.S. citizen.
Point 4. Claimant is NOT a U.S. citizen, nor is Claimant a 14th Amendment citizen. Claimant IS a Grantee and Receiver of the Sovereignty as a Joint Tenant in Common in the Sovereignty and Claims Interest in all Funds in Trust accrued from every aspect, category and legal entity in the Nature of Vested Interest from Claimants’ own, and Claimants’ Lineal Ancestry’s, property and pledges for, and in, the insolvent U.S. corporation, its’ agents/agencies and subordinate entities.






TRADE SECRETS


The first 20 twenty pages of this book is a must read. You can get this book on Google books. The thing that I would like to bring up is on the first page. Subpoenas (See below for book title)
Subpoenas are used to bring in the real man and summons is used to bring in the fiction. So they summons in the fiction the main complain and who shows up (the real man). We should be mirroring (opposite) the same thing from that point on. They use a subpoena, once that entity came in the real man. They subpoena from their on. Then we do not do the same thing by mirroring, we do not come back in and do a summons as a counterclaim and bring there corporation in on the counterclaim and who ever shows up from there on we use a subpoena. We subpoena them in chambers. The subpoena is designed to summons the trustee in chambers to answer to the beneficiaries claim. Why he did not make a payment? Why did he not distribute the funds?
Summons is for corporations. Use this with a counterclaim pay the fee and then use a summons.

O.C.G.A. § 10-1-765

GEORGIA CODE
Copyright 2009 by The State of Georgia
All rights reserved.

*** Current through the 2009 Regular Session ***

TITLE 10. COMMERCE AND TRADE
CHAPTER 1. SELLING AND OTHER TRADE PRACTICES
ARTICLE 27. TRADE SECRETS

O.C.G.A. § 10-1-765 (2009)

§ 10-1-765. Protection of trade secret during action

In an action under this article, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in camera hearings, sealing the records of the action, and ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval.

HISTORY: Code 1981, § 10-1-765, enacted by Ga. L. 1990, p. 1560, § 1.

Read above we must do a protective order because of the trade secrets or state secrets.
Blacks 8th, State Secrets- A governmental matter that, because it could create a threat to the national defense or diplomatic interests of the United States if revealed, is protected against disclosure by a witness in an ordinary judicial proceeding.








The 2009 Florida Statutes

Title VII
EVIDENCE Chapter 90
EVIDENCE CODE View Entire Chapter


90.506 Privilege with respect to trade secrets.--A person has a privilege to refuse to disclose, and to prevent other persons from disclosing, a trade secret owned by that person if the allowance of the privilege will not conceal fraud or otherwise work injustice. When the court directs disclosure, it shall take the protective measures that the interests of the holder of the privilege, the interests of the parties, and the furtherance of justice require. The privilege may be claimed by the person or the person's agent or employee.
History.--s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 479, ch. 95-147.

The 2009 Florida Statutes

Title VII
EVIDENCE Chapter 90
EVIDENCE CODE View Entire Chapter


90.507 Waiver of privilege by voluntary disclosure.--A person who has a privilege against the disclosure of a confidential matter or communication waives the privilege if the person, or the person's predecessor while holder of the privilege, voluntarily discloses or makes the communication when he or she does not have a reasonable expectation of privacy, or consents to disclosure of, any significant part of the matter or communication. This section is not applicable when the disclosure is itself a privileged communication.
History.--s. 1, ch. 76-237; s. 1, ch. 77-77; ss. 13, 22, ch. 78-361; ss. 1, 2, ch. 78-379; s. 480, ch. 95-147.




BANKRUPCTY CASE: JOSHUA & STEPHANIE MITCHELL

NRS 107.020 Transfers in trust of real property to secure obligations. Transfers in trust of any estate in real property may be made after March 29, 1927, to secure the performance of an obligation or the payment of any debt.
[Part 1:173:1927; A 1949, 70; 1943 NCL § 7710]







O.C.G.A. § 9-10-32

GEORGIA CODE
Copyright 2009 by The State of Georgia
All rights reserved.

*** Current through the 2009 Regular Session ***

TITLE 9. CIVIL PRACTICE
CHAPTER 10. CIVIL PRACTICE AND PROCEDURE GENERALLY
ARTICLE 2. VENUE
PART 1. GENERAL PROVISIONS

O.C.G.A. § 9-10-32 (2009)

§ 9-10-32. Action against maker and endorser residing in different counties

Where the maker and endorser of a promissory note who reside in different counties are subjected to an action in the county where the maker resides, as provided by Article VI, Section II, Paragraph V of the Constitution of this state, service of a copy of the original pleading and process on the endorser, as provided in the case of joint obligors and promisors, shall be deemed sufficient.



O.C.G.A. § 9-12-91

GEORGIA CODE
Copyright 2009 by The State of Georgia
All rights reserved.

*** Current through the 2009 Regular Session ***

TITLE 9. CIVIL PRACTICE
CHAPTER 12. VERDICT AND JUDGMENT
ARTICLE 4. JUDGMENT LIENS

O.C.G.A. § 9-12-91 (2009)

§ 9-12-91. No lien on promissory notes

A judgment creates no lien upon promissory notes in the hands of the defendant.

HISTORY: Orig. Code 1863, § 3501; Code 1868, § 3524; Code 1873, § 3582; Code 1882, § 3582; Civil Code 1895, § 5353; Code 1910, § 5948; Code 1933, § 110-509.
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