Hi John,
please
post... let us assist those who
seek assistance.
Law Maxim
Lex semper dabit remedium. "The law always gives a remedy." 3 Bouv.
Inst. n. 2411.
here is
the law:
CONSTRUCTIVE
TRUST defined: Trust created by operation of law against one who by actual or
constructive fraud, by duress or by abuse of confidence, or by commission of
wrong, or by any form of unconscionable conduct, or other questionable means,
has obtained or holds legal right to property which he should not, in equity
and good conscience, hold and enjoy. Davis v. Howard, 19 Or.App. 310, 527 P.2d
422, 424. A constructive trust is a relationship with respect to property
subjecting the person by whom the title to the property is held to an equitable
duty to convey it to another on the ground that his acquisition or retention of
the property is wrongful and that he would be unjustly enriched if he were
permitted to retain the property. Restatement, Second, Trusts § lee). Black’s
Law Dictionary Sixth Edition (page 314, 315)
FORECLOSURE: "The
law always gives a remedy"
Constructive
Force
Constructive
Fraud
Secretary
of State---> The person in charge of the office "responsible" for
receiving legal papers and documents that "are required to be publicly
filed."
“Real
Property” (homes) in the 50 Union states are in “Trust” by “Trustee” the
Secretary of State (Fiduciary Capacity) in respect to the trust and confidence
involved in it and the scrupulous good faith and candor which it requires. A
person having duty, created by his undertaking, to act primarily for another's
benefit in matters connected with such under taking.
FILING
OFFICER defined: The person in charge of the office responsible for receiving
legal papers and documents that are required to be publicly filed (e.g., office
or department of Secretary of State in which a financing statement must be
filed to perfect a security interest under the Uniform Commercial Code. U.C.C.
§ 9-401). Black’s Law Dictionary Sixth Edition (page 628)
The
Secretary of State of each of the 50 Union states is the “Archivist” of legal
titles of the “People” the “Beneficiaries” of said Cestui Que Trust/Estate.
LEGAL
defined:. That which is according to law. It is used in opposition to
equitable, as the legal estate is, in the trustee, the equitable estate in the
cestui que trust. Vide Powell on Mortg. Index, h.t. 2. The party who has the
legal title has alone the right to seek a remedy for a wrong to his estate, in
a court of law, though he may have no beneficial interest in it. The equitable
owner is he who has not the legal estate, but is entitled to the beneficial
interest. 3. The person who holds the legal estate for the benefit of another
is called a trustee; he, who has the beneficiary interest and does not hold the
legal title, is called the beneficiary, or more technically, the cestui que
trust. 4. When the trustee has a claim, he must enforce his right in a court of
equity, for he cannot sue any one at law, in his own name; 1 East, 497; 8 T. R.
332; 1 Saund. 158, n. 1; 2 Bing. 20; still less can he in such court sue his
own trustee. 1 East, 497. A Law Dictionary Adapted To The Constitution and Laws
of the United States of America and of the Several States of the American Union
by John Bouvier Revised Sixth Edition, 1856
BREACH
OF DUTY defined: In a general sense, any violation or omission of a legal or moral
duty. More particularly, the neglect or failure to fulfill in a just and proper
manner the duties of an office or fiduciary employment. Every violation by a
trustee of a duty which equity lays upon him, whether willful and fraudulent,
or done through negligence or arising through mere oversight or forgetfulness,
is a breach of duty. See Non-support. Black’s Law Dictionary Sixth Edition
(page 189)
BREACH
OF TRUST WITH FRAUDULENT INTENT defined: Larceny after trust. State v. Owings,
205 S.C. 314, 31 S.E.2d 906, 907. Black’s Law Dictionary Sixth Edition (page
189)
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