Wednesday, February 26, 2014

FORECLOSURE: "The law always gives a remedy"

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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